The Veteran's appeal regarding an effective date prior to July 31, 1995 for the grant of service connection for major depressive disorder has been dismissed. The issues concerning service connection for a cervical spine disorder and a low back disorder have also been remanded.
The deciding factor: The Board's December 2000 decision denying an earlier effective date was final, and a free-standing earlier effective date claim is not allowed without alleging clear and unmistakable error (CUE) in the relevant decision. The Veteran did not appeal to CUE.
- Claimed conditions
- Major depressive disorder, Cervical spine disorder, Low back disorder
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- August 20, 2010
- Citation
- 1031425
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 1031425.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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.
- Granted
The Board granted initial ratings of 40 percent for lumbar spine disorder, 70 percent for major depressive disorder, and 40 percent for left lower extremity radiculopathy. TDIU and SMC based on housebound status were also granted.
- Partly granted
The Board denied an increased rating for allergic rhinitis and remanded the claims for cervical spine, hip, thigh, and hip extension disorders for further development.
- Granted
The Board granted service connection for an acquired psychiatric disorder, including PTSD and major depressive disorder, based on the Veteran's military service in Vietnam.
- Granted
The Board granted service connection for an acquired psychiatric disability, currently diagnosed as other specified trauma and stressor related disorder and major depressive disorder.
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