The Veteran's appeal for an earlier effective date for the award of a 100 percent disability rating for panic disorder with palpitations and mood disorder is dismissed because it was not filed as a claim for clear and unmistakable error, but rather as a free-standing claim.
The deciding factor: The Veteran attempted to file a free-standing claim for an earlier effective date without filing a request for revision based on clear and unmistakable error concerning the final March 2004 rating decision.
- Claimed conditions
- panic disorder, mood disorder
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 100%
- Decision date
- March 3, 2016
- Citation
- 1608540
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 1608540.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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 Veteran's service-connected mood disorder is rated at 70 percent, and the Board denied a higher rating. The Veteran also sought TDIU based on his mood disorder and anxiety, which was granted.
- Dismissed
The Veteran's appeals for higher ratings for asthma and a mood disorder, as well as TDIU benefits, have been dismissed due to the Veteran's passing during the appeal process.
- Remanded (sent back)
The Board has found a pre-decisional duty to assist error and remands the case for further development, including scheduling a VA examination.
- Dismissed
The Veteran's appeal seeking service connection for insomnia, depression, and mood disorder was dismissed because the March 2025 rating decision did not adjudicate these claims. The Veteran submitted a supplemental claim seeking service connection for anxiety condition, adjustment disorder, and depression (which had already been granted), but this did not address the issue of service connection for insomnia.
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