The Board found that the July 2004 rating decision contained clear and unmistakable error (CUE) in assigning an effective date of May 19, 1993 for the grant of service connection for PTSD. The effective date is now set at February 4, 1991.
The deciding factor: The July 2004 rating decision was based on evidence demonstrating 'casualties treated as a result of hostile action' over the course of several months coinciding with the Veteran's stay in Vietnam. The Board found that this evidence established entitlement to service connection for PTSD, which would have required service connection regardless of whether or not it met the current standard.
- Claimed conditions
- Posttraumatic Stress Disorder (PTSD)
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- 100%
- Decision date
- May 25, 2010
- Citation
- 1019344
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 1019344.
What this means for you
A grant means the Board agreed the veteran was entitled to the benefit. Decisions like this show the kind of evidence and arguments that tend to succeed for claims like it.
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.
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