The Board has determined that the Veteran's claims for an effective date earlier than January 8, 2008, and a rating in excess of 50 percent for PTSD with depressive symptoms prior to this date are remanded due to procedural issues. The Veteran was not given adequate time to appeal his claim as per VA regulations.
The deciding factor: The Veteran's initial appeal was not timely filed within the required timeframe, leading to the decision that his January 2008 VA 21-4138 Form can be considered a notice of disagreement. However, the Board found it necessary to remand for further action due to procedural issues.
- Claimed conditions
- Posttraumatic Stress Disorder (PTSD) with depressive symptoms
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 11, 2020
- Citation
- 20010907
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 20010907.
What this means for you
A remand is not a loss. The Board sent the case back for more development — often a new exam or missing records — before making a final decision. Many remands later end in a grant, and the decision spells out exactly what the Board wanted to see.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Veteran's PTSD with depressive symptoms have been rated at 50 percent, and the Board has determined that a higher rating is not warranted.
- Granted
The Veteran's diagnosed PTSD with depressive symptoms is related to her in-service military sexual trauma, and the Board has granted service connection for this condition.
- Granted
The Veteran's claim for service connection for sleep apnea has been reopened, and he is granted secondary service connection. His tinnitus is rated at the maximum allowable under VA guidelines. The Veteran's CAD with stable angina is rated as 10 percent disabling since July 1, 2014. He is granted a disability rating of 70 percent for PTSD with depressive symptoms. His bilateral hearing loss does not meet the criteria for a compensable initial rating.
- Denied
The Board denied the veteran's claims for increased ratings for his service-connected lumbar myositis, psychoneurosis and conversion hysteria, residuals of shrapnel wounds of the left thigh and pelvis with retained foreign bodies and scars, and residuals of shell fragment wounds of the right thigh and left leg. The veteran was also denied entitlement to a total disability rating based on individual unemployability due to service-connected disabilities.
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