The appeal for an earlier effective date prior to September 17, 2001, for service connection for PTSD was dismissed due to the lack of legal merit.
The deciding factor: The January 1988 rating decision became subsumed by a December 1989 Board decision and cannot be challenged on the basis of CUE. The Veteran did not appeal the June 2002 RO decision which established service connection for PTSD, making it final.
- Claimed conditions
- post-traumatic stress disorder (PTSD)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 13, 2009
- Citation
- 0909409
What this means for you
A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot. It says more about procedure than about whether a claim like this can win.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The Board remands the claim for service connection for PTSD to be readjudicated on the merits due to new and relevant evidence.
- Partly granted
The veteran's claims for service connection for various conditions were denied, except for tinnitus and bilateral hearing loss disability which were granted. The veteran was also granted service connection for hypertension.
- Remanded (sent back)
The Board remands the claim for an evaluation in excess of 70 percent disabling for service-connected PTSD due to duty-to-assist errors.
- Denied
The Board denied the Veteran's claims for increased ratings for right hip bursitis, left knee strain, TBI, and PTSD.
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This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.