The Veteran's claim seeking an earlier effective date for the award of a total disability evaluation is dismissed as he cannot receive such without showing clear and unmistakable error in the final rating decisions.
The deciding factor: The Veteran was granted a combined 100% evaluation on January 26, 1996, which is his last effective date. He cannot obtain an earlier effective date for this award without demonstrating clear and unmistakable error in the relevant rating decisions.
- Claimed conditions
- shell fragment wound in left buttock, shell fragment wound in right buttock, shell fragment wound to left lower leg with fractured fibula, neuropathy cutaneous nerve of left arm, neuropathy of the sural and cutaneous nerves in the left leg, neuropathy of the cutaneous nerve of right leg, scars from residual shell fragment wound and skin donor sites
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 12, 2012
- Citation
- 1242359
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 1242359.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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.
- Denied
The Board denied the veteran's claims for increased ratings for his service-connected lumbar myositis, psychoneurosis and conversion hysteria, residuals of shrapnel wounds of the left thigh and pelvis with retained foreign bodies and scars, and residuals of shell fragment wounds of the right thigh and left leg. The veteran was also denied entitlement to a total disability rating based on individual unemployability due to service-connected disabilities.
- Denied
The Board denied the Veteran's claim for an initial evaluation in excess of 10 percent for his service-connected coronary artery disease, finding that the evidence did not support a higher rating based on the severity of his condition.
- Denied
The Veteran's service-connected musculoligamentous strain, right knee, is currently rated at 10 percent and the Board finds that a higher rating is not warranted.
- 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.
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