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
- Not verified here — check the original 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. Search VA.gov for the original decision (opens in a new tab) using citation 1554355.
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: 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.
- Whole decision: 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.
- Whole decision: 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.
- Whole decision: Granted
The Veteran's claim of service connection for PTSD was granted with an initial evaluation of 50 percent, effective September 24, 2007. The appeal regarding the heart condition and sleep disorder is denied. The Veteran's hearing loss prior to August 24, 2015, warrants a 20 percent rating.
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