The Board found that there was clear and unmistakable error in the May 1998 rating decision that denied an earlier effective date for service connection of PTSD. The Veteran's claim to reopen service connection for PTSD was received on August 11, 1992, but the correct law under 38 C.F.R. § 3.156(c) should have been applied, allowing for reconsideration based on newly discovered service department records from the U.S. Army & Joint Services Environmental Support Group (JSRRC). The effective date of the award should be retroactive to the date of receipt of the original claim for PTSD in September 7, 1984.
The deciding factor: The May 1998 rating decision incorrectly applied the law and failed to consider the correct provisions under 38 C.F.R. § 3.156(c), which allowed for reconsideration based on newly discovered service department records from JSRRC, leading to a different outcome.
- Claimed conditions
- Posttraumatic Stress Disorder (PTSD)
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- May 2, 2011
- Citation
- 1116866
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 1116866.
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.
- Granted
The Veteran's claim for service connection for PTSD is granted as the evidence shows a current diagnosis of PTSD, an in-service stressor, and a medical link between the two.
- Denied
The Veteran's PTSD has been rated at 50% since March 23, 2004. The Board found that a higher rating is not warranted prior to February 15, 2005 due to the severity of his symptoms and their impact on his social and occupational functioning.
- Denied
The Board denied the Veteran's claims for service connection for PTSD and any acquired psychiatric disorder, finding that there was no evidence to support a link between his current mental health conditions and his military service.
- Granted
The Veteran's PTSD resulted in occupational and social impairment with reduced reliability and productivity, warranting a 70% disability rating. The Veteran also met the criteria for a TDIU due to his service-connected disabilities preventing him from securing or following a substantially gainful occupation.
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