The Veteran's claim for an earlier effective date of service connection for major depressive disorder and generalized anxiety disorder due to clear and unmistakable error (CUE) in the July 1993 rating decision is granted, with the effective date set at September 8, 1992.
The deciding factor: The July 1993 rating decision incorrectly construed the Veteran's claim for service connection as a claim for PTSD rather than a broader claim for an acquired psychiatric disorder to include PTSD. The Veteran had a diagnosis of major depressive disorder and provided evidence linking his disability to military service, which led to the grant of service connection.
- Claimed conditions
- Acquired psychiatric disorder, Major depressive disorder
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- 50%
- Decision date
- January 8, 2019
- Citation
- 19101283
What this means for you
A grant means the Board agreed the veteran was entitled to the benefit. Decisions like this show the kind of evidence and arguments that tend to succeed for claims like it.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Board granted service connection for an acquired psychiatric disorder, finding a causal relationship between the condition and an in-service incident of military sexual trauma (MST).
- Granted
The Board granted initial ratings of 40 percent for lumbar spine disorder, 70 percent for major depressive disorder, and 40 percent for left lower extremity radiculopathy. TDIU and SMC based on housebound status were also granted.
- Remanded (sent back)
The Board has remanded the issue of entitlement to service connection for an acquired psychiatric disorder due to a pre-decisional duty to assist error.
- Partly granted
The Board granted an effective date of May 29, 2019 for service connection for an acquired psychiatric disorder but denied earlier effective dates and increased ratings for other conditions.
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