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, leading to a finding of CUE.
- 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
Veterans Law Judge
Decisions by this judge: 317 · Granted: 19% (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 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.
- Denied
The Board denied the Veteran's claims for service connection for a low back disability and an increased rating for his acquired psychiatric disorder. The Board found that there was no evidence linking the current disabilities to military service.
- Denied
The Veteran's service-connected major depressive disorder does not render him in need of regular aid and attendance or confined to his home, thus SMC based on housebound status and/or need for regular aid and attendance is denied.
- 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.
- Granted
The Board has granted service connection for the Veteran's acquired psychiatric disorder, including major depressive disorder, as secondary to his already service-connected hearing loss and tinnitus.
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