The Board denied the Veteran's claims of CUE in his noncompensable evaluation for anxiety reaction (now rated as dysthymia) and denied his service connection claim for a stomach disorder, finding that the evidence did not establish clear and unmistakable error. The Board also denied his service connection claim for a sleep disorder, concluding that there was no evidence to support this claim.
The deciding factor: The July 1958 rating decision correctly considered all available evidence and applied the correct criteria at that time, thus no CUE is present.
- Claimed conditions
- anxiety reaction, dysthymia
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- July 28, 2010
- Citation
- 1028200
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 1028200.
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.
- Dismissed
The Board denied the Veteran's motions to reverse or revise prior rating decisions on grounds of clear and unmistakable error (CUE), finding no such errors in the March 1971 and August 2004 decisions.
- Granted
The Board granted service connection for acquired psychiatric disability, including PTSD, dysthymia, and anxious distress based on the Veteran's in-service combat-related stressors.
- Partly granted
The Board granted the restoration of a total disability rating based on individual unemployability (TDIU) and Dependents' Educational Assistance (DEA) benefits, effective March 1, 2021. The increased rating for dysthymia was denied.
- Partly granted
The veteran was granted a 50% rating for dysthymia from August 20, 2007, to January 2, 2013, and a 100% rating for major depressive disorder starting January 3, 2013. The claim for TDIU prior to January 3, 2013, was denied.
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