The Veteran's claim for an earlier effective date for the grant of a TDIU is dismissed as it does not meet the threshold pleading requirements.
The deciding factor: The Veteran did not raise a claim based on clear and unmistakable error (CUE) with specificity, which is required to proceed with such a claim.
- Claimed conditions
- Anxiety disorder, Malaria
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- July 1, 2011
- Citation
- 1125156
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 1125156.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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 has granted the Veteran's claim for service connection for an acquired psychiatric disorder, including PTSD and depressive disorder. The evidence is at least in balance regarding whether his current conditions are related to his military service.
- Granted
The Veteran is granted higher levels of SMC and aid and attendance special monthly compensation effective May 3, 2024, due to his service-connected conditions that require regular aid and assistance.
- Granted
The Veteran's service-connected anxiety disorder, lumbar strain with degenerative arthritis, right lower extremity radiculopathy, and left lower extremity radiculopathy contributed to his death from congestive heart failure. The claim for DIC under 38 U.S.C. § 1318 is denied as the Veteran did not meet the criteria of having a combined rating of at least one year immediately preceding death.
- Denied
The Board has denied service connection for a psychiatric disability to include PTSD and an anxiety disorder, other than the service-connected insomnia disorder. The claims for recurrent right shoulder disability, recurrent left shoulder disability, and obstructive sleep apnea are remanded.
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