The Veteran's appeal for an earlier effective date for a 70% rating for his psychiatric disability is dismissed as the Board's October 2018 decision has already decided the matter of staged ratings.
The deciding factor: The Board found that the case was res judicata and had no jurisdiction to further consider the appeal due to the finality of the October 2018 decision.
- Claimed conditions
- Anxiety disorder not otherwise specified, Posttraumatic stress disorder (PTSD)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 70%
- Decision date
- October 10, 2019
- Citation
- A19001892
Veterans Law Judge
Decisions by this judge: 2,699 · Granted: 17% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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 A19001892.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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.
- Granted
The Veteran is granted special monthly compensation (SMC) at the (o) rate and SMC at the (r)(2) rate, effective January 19, 2025. The decision finds that the Veteran's service-connected conditions warrant these awards due to his need for aid and attendance.
- Remanded (sent back)
The Board has identified a contradiction in the AOJ's determinations regarding the Veteran's need for aid and assistance, which requires clarification. The remanded issues are entitlement to SMC based on the need for regular aid and attendance of another and on the basis of statutory housebound status.
- Dismissed
The Veteran's appeals for increased rating and earlier effective date for PTSD have been dismissed due to her withdrawal of the appeal.
- Remanded (sent back)
The Board has granted service connection for a right knee scar secondary to the Veteran's service-connected right knee disability status post knee replacement. However, the rating for PTSD remains at 30 percent and needs to be re-adjudicated due to a failure to obtain private mental health treatment records.
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