The Board found that an effective date earlier than April 21, 2009 is not warranted for the grant of service connection for PTSD with major depression, alcohol abuse, and cannabis abuse. The Veteran's claim was denied in a March 2006 rating decision, which became final. A new claim to reopen the previously denied PTSD claim was filed on April 21, 2009, after the January 2008 denial of new and material evidence. The Board also found that there is no evidence in the claims file prior to April 21, 2009 which can be interpreted as a claim to reopen the previously denied PTSD claim.
The deciding factor: The Veteran did not file an appeal within one year of the January 2008 denial and missed the deadline for filing a notice of disagreement. The Board found that equitable tolling is not applicable in this case due to the Veteran's failure to timely file an NOD or notice of disagreement.
- Claimed conditions
- PTSD, Major Depression, Alcohol Abuse, Cannabis Abuse
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 30, 2015
- Citation
- 1554355
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 1554355.
What this means for you
A denial is a starting point, not the end of the road. You can see why this claim fell short — and, if you are still inside the one-year window, the appeal lanes that may remain open to you.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Board of Veterans' Appeals has granted service connection for PTSD and Mood Disorders, both presumed conditions under the PACT Act.
- Granted
The Veteran's bilateral hearing loss is granted as service-connected. The claims for alcohol abuse and psychiatric disorder are remanded for additional development, including a VA examination to determine the nature and etiology of these conditions.
- Partly granted
The Board has not made a final determination on the claims of service connection for inguinal hernia, PTSD, joint pain, fibromyalgia, left knee disability, right knee disability, tinnitus, chronic fatigue syndrome, respiratory disability, sleep disorder, IBS, and headaches. The claims are remanded to obtain additional evidence and determine if these conditions are related to service.
- Dismissed
The Board has dismissed the Veteran's claims for service connection for PTSD, Major Depression, and Panic Disorder due to his withdrawal of these issues prior to a decision being made.
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