The Veteran's claim for an earlier effective date for a 70% rating for PTSD, TDIU benefits, and DEA benefits was denied as the decision was final due to lack of appeal. The Board found that the December 2003 rating action was not clearly and unmistakably erroneous.
The deciding factor: The Veteran's claim lacked legal merit because it involved a claim that cannot be substantiated as a matter of law, specifically due to the finality of the December 2003 rating decision.
- Claimed conditions
- Posttraumatic Stress Disorder (PTSD)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 70%
- Decision date
- May 18, 2010
- Citation
- 1018369
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 1018369.
What this means for you
A denial is a starting point, not the end of the road. You can see why this claim fell short — and, if you are still inside the one-year window, the appeal lanes that may remain open to you.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Board denied an initial disability rating in excess of 50 percent for PTSD, finding the appellant's symptoms did not more closely approximate occupational and social impairment with deficiencies in most areas.
- Remanded (sent back)
The Board remands the claim for a rating in excess of 70 percent for PTSD due to an inadequate medical opinion.
- Granted
The Board granted a disability rating of 70 percent for PTSD and a total disability rating due to individual unemployability (TDIU) based on the Veteran's service-connected disabilities.
- Granted
The Board granted an effective date of February 21, 2007, for the award of service connection for PTSD and major depressive disorder with anxious distress.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.