The Board denied an earlier effective date for service connection of PTSD, finding no clear and unmistakable error in the 1979 rating decision.
The deciding factor: The Veteran's claim was not based on a CUE but rather on new evidence received after the 1979 rating decision.
- Claimed conditions
- Psychiatric Disorder (PTSD)
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 9, 2019
- Citation
- 19127357
Veterans Law Judge
Decisions by this judge: 1,934 · Granted: 41% (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 19127357.
What this means for you
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What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Dismissed
The appeal for service connection for right knee disability and left knee disability is dismissed. The appeal for service connection for a psychiatric disorder, including PTSD, is remanded.
- Granted
The Veteran's service connection for IBS was granted with an effective date of June 18, 2014. An initial rating in excess of 50 percent for his acquired psychiatric disorder (PTSD) prior to December 2, 2014 and a rating in excess of 50 percent thereafter were granted. The Veteran's headaches received an initial 30 percent rating, with no more than this level. His skin disability was rated at the maximum allowable under VA guidelines. A reduction in his neck disability rating from 30% to 20% was found improper and void ab initio. An increased rating for right upper extremity radiculopathy was granted, as well as a compensable rating for a surgical neck scar.
- Remanded (sent back)
The Board has remanded the claims for bilateral hearing loss, tinnitus, and a psychiatric disorder (PTSD) due to additional development of evidence.
- Remanded (sent back)
The Veteran is seeking service connection for a psychiatric disorder, specifically PTSD. The Board has determined that additional development is needed to properly assess the claim.
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