The Board denied the Veteran's claim for an effective date prior to October 22, 2010 for the grant of service connection for PTSD with major depressive disorder. The decision found that equitable tolling did not apply and that the Veteran was capable of rational thought during the period in question.
The deciding factor: The Board determined that equitable tolling could not be applied to the Veteran's claim as she had not demonstrated mental incompetence or incapacity to handle her own affairs, which are required for equitable tolling under Barrett v. Principi.
- Claimed conditions
- Posttraumatic Stress Disorder (PTSD) with Major Depressive Disorder
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- December 29, 2016
- Citation
- 1648396
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 1648396.
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: Denied
The Veteran's PTSD with major depressive disorder caused significant occupational and social impairment, but not total impairment. The Board denied an initial evaluation in excess of 70 percent prior to September 26, 2019.
- Whole decision: Denied
The Veteran's PTSD with major depressive disorder has resulted in occupational and social impairment, but not to the extent that would warrant a higher rating. The current 70 percent rating is maintained.
- Whole decision: Dismissed
The appeal for a higher rating for PTSD with major depressive disorder is dismissed as it constitutes an impermissible concurrent election under the rule against concurrent elections.
- Whole decision: Denied
The rating reductions from 100% to 70% for PTSD with major depressive disorder and from 40% to 30% for residual painful scars of the trunk and lower extremities were improper. The ratings have been restored.,The Veteran's service-connected conditions did not show actual improvement in her ability to function under ordinary conditions of life and work, as evidenced by consistent symptoms and functional limitations.
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