The Board denied the Veteran's request to revise a March 1975 rating decision on the basis of clear and unmistakable error (CUE), finding that there was no clear intent to file a claim for a psychiatric disability, and that the medical evidence did not support such a claim. The decision also found that the VA doctor did not err in failing to diagnose a psychiatric condition.
The deciding factor: The Veteran's claim of service connection for residuals of a stab wound included a right flank scar but no mention or diagnosis of any psychiatric disability. The March 1975 rating decision was based on the medical evidence at that time, which did not support a claim for a psychiatric disability.
- Claimed conditions
- residual stab wound scar, right flank
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- August 17, 2020
- Citation
- 20054461
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 20054461.
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.
- 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.
- Denied
The Board denied the Veteran's claim for an initial evaluation in excess of 10 percent for his service-connected coronary artery disease, finding that the evidence did not support a higher rating based on the severity of his condition.
- Denied
The Veteran's service-connected musculoligamentous strain, right knee, is currently rated at 10 percent and the Board finds that a higher rating is not warranted.
- Granted
The Veteran's claim for service connection for PTSD is granted as the evidence shows a current diagnosis of PTSD, an in-service stressor, and a medical link between the two.
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