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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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.
- Remanded (sent back)
The Board has remanded the Veteran's claims for service connection for a cervical spine disorder and psychiatric disorder due to incomplete information. The Veteran needs to provide his complete service personnel records, verify his alleged combat experience in Vietnam, and undergo VA examinations for both conditions.
- Granted
The Veteran's claim for a low back disorder was reopened, and his claims for increased ratings of bilateral knee instability were granted. His hearing loss claim was denied.
- Denied
The Veteran's service-connected major depressive disorder does not render him in need of regular aid and attendance or confined to his home, thus SMC based on housebound status and/or need for regular aid and attendance is denied.
- Denied
The Board denied the Veteran's claim for service connection for a cervical spine disorder, finding that there was no evidence of a causal relationship between his current condition and his military service.
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