The Veteran's claim for an earlier effective date for the grant of service connection for depression not otherwise specified is dismissed as a matter of law. The Board found that the claimant did not raise a claim of clear and unmistakable error (CUE) in the December 2010 rating decision, which became final.
The deciding factor: The Veteran's earlier effective date claim was dismissed because it cannot be interpreted as reasonably raising a CUE claim as well. The freestanding claim for an earlier effective date is not proper and cannot be entertained.
- Claimed conditions
- depression not otherwise specified
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 17, 2016
- Citation
- 1643674
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 1643674.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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.
- Remanded (sent back)
The Board has remanded the case due to a duty to assist error, and will reconsider the claim based on new service records. The Veteran's acquired psychiatric disability is being evaluated for its relationship to active service.
- Remanded (sent back)
The Veteran's TDIU claim is being remanded due to the need for additional development, including requesting an updated VA Form 21-8940. The matter will be readjudicated in conjunction with their appeal for an increased initial rating for depression and panic disorder.
- Remanded (sent back)
The Veteran's acquired psychiatric disorder, including depression and panic disorder, is rated at 50 percent. The Board has ordered a remand for further examination to determine if the combined effect of his service-connected conditions prevents him from obtaining and maintaining gainful employment.
- Granted
The Veteran's claim for service connection for depression not otherwise specified was granted. The claims for service connection for congestive heart failure with hypertension and diabetes mellitus were denied, while the liver disability (to include hepatitis C) claim is pending and will be remanded.
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