The Veteran's appeal for an initial disability rating greater than 30 percent for PTSD prior to December 4, 2012 is denied due to clear and unmistakable error in the December 2012 rating decision.
The deciding factor: The Veteran did not meet the burden of proof to establish clear and unmistakable error (CUE) in the December 2012 rating decision.
- Claimed conditions
- Posttraumatic Stress Disorder (PTSD)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 30%
- Decision date
- April 16, 2019
- Citation
- 19129740
What this means for you
A denial is a starting point, not the end of the road. You can see why this claim fell short — and, if you are still inside the one-year window, the appeal lanes that may remain open to you.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The Board remands the claim for a rating in excess of 70 percent for PTSD due to an inadequate medical opinion.
- Granted
The Board granted an effective date of February 21, 2007, for the award of service connection for PTSD and major depressive disorder with anxious distress.
- Granted
The Board granted a rating of 70 percent for posttraumatic stress disorder (PTSD) and traumatic brain injury (TBI), as the Veteran's symptoms most nearly approximated occupational and social impairment with deficiencies in most areas.
- Granted
The Board granted a disability rating of 70 percent for PTSD and a total disability rating due to individual unemployability (TDIU) based on the Veteran's service-connected disabilities.
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This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.