The Board denied the Veteran's appeal for an earlier effective date of April 23, 2002 for a 70 percent evaluation for PTSD and also denied his request to waive overpayment.
The deciding factor: The Veteran did not file a timely substantive appeal regarding the August 2001 decision granting service connection for PTSD and assigning a 10% rating. The Board found that he had not exercised due diligence in continuing his appeal, despite having mental health issues and ongoing treatment.
- Claimed conditions
- Post Traumatic Stress Disorder (PTSD)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- October 21, 2010
- Citation
- 1039413
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. Read the original VA decision (opens in a new tab) using citation 1039413.
What this means for you
A final Board denial may be appealed to the U.S. Court of Appeals for Veterans Claims, generally within 120 days of the Board mailing date. A Supplemental Claim with new and relevant evidence is a separate option. Another Higher-Level Review of the Board decision is not available. Check your own notice: this historical decision does not set your deadline.
What you can do next
Use your own notice and decision stage. A remanded issue is not a final court-appealable denial. VA review guidance and CAVC filing instructions (U.S. federal; reviewed October 7, 2026).
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Whole decision: Denied
The Board denied the veteran's claims for a higher rating for PTSD and dismissed his appeals regarding increased ratings for tinnitus and a right hand disability due to lack of timely filing of Notice of Disagreement.
- Whole decision: Granted
The Veteran's PTSD is rated at a 70 percent level, reflecting significant occupational and social impairment.
- Whole decision: Dismissed
The Veteran's appeal of the denial for service connection for PTSD has been dismissed because the issue was already under review through Higher-Level Review.
- Whole decision: Granted
The Veteran's service-connected PTSD renders him unable to secure and follow a substantially gainful occupation, warranting a TDIU.
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