The Veteran's claim for an effective date prior to May 29, 2003 for PTSD was denied as the earliest possible effective date is fixed in accordance with the facts found and shall not be earlier than the date of receipt of the application therefor.,The Veteran's claims for an effective date prior to October 7, 2004 for a CVA and arteriosclerotic heart disease were denied as these disabilities are considered one disability that was not ratable at 60 percent prior to October 7, 2004. The liberalizing law expanding the list of diseases available on a presumptive service connection basis for former POW's occurred on October 7, 2004.,The Veteran's claim for an effective date prior to October 7, 2004 for TDIU was denied as entitlement arose after this date.
The deciding factor: PTSD service connection was granted in May 29, 2003 and the earliest possible effective date is fixed in accordance with the facts found and shall not be earlier than the date of receipt of the application therefor.,The liberalizing law expanding the list of diseases available on a presumptive service connection basis for former POW's occurred on October 7, 2004. The Veteran's claim for CVA and arteriosclerotic heart disease was received in June 2004, which is after this date.,TDIU entitlement arose after the effective date of October 7, 2004.
- Claimed conditions
- Post Traumatic Stress Disorder (PTSD), Cerebrovascular Accident (CVA), Arteriosclerotic Heart Disease
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- June 12, 2009
- Citation
- 0922124
This is a plain-language summary generated by AI from a public Board of Veterans’ Appeals decision. It can contain errors — always verify against the original. Look up the original decision on VA.gov (opens in a new tab) using citation 0922124.
What this means for you
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What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Board denied the veteran's claims for a higher rating for PTSD and dismissed his appeals regarding increased ratings for tinnitus and a right hand disability due to lack of timely filing of Notice of Disagreement.
- Granted
The Veteran's PTSD is rated at a 70 percent level, reflecting significant occupational and social impairment.
- Dismissed
The Veteran's appeal of the denial for service connection for PTSD has been dismissed because the issue was already under review through Higher-Level Review.
- Granted
The Veteran's service-connected PTSD renders him unable to secure and follow a substantially gainful occupation, warranting a TDIU.
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