The Board denied an earlier effective date for a 100 percent rating for PTSD prior to May 28, 1985. The Veteran's August 1979 claim for service connection was not adjudicated due to his failure to file a timely appeal of the August 1980 denial and because he did not express disagreement with the decision within one year.
The deciding factor: The Board found that there was no CUE in the August 1980 rating decision, as the evidence at the time supported the denial of service connection for PTSD prior to May 28, 1985. The Veteran's claim for being 'scared' was not adjudicated due to his failure to file a timely appeal.
- Claimed conditions
- nervous condition, stomach condition
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 15, 2020
- Citation
- 20066785
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.
- Granted
The Board granted service connection for a stomach condition, as it is caused and/or aggravated by the Veteran's service-connected lumbosacral strain.
- Denied
The Board denied service connection for various disabilities, including right knee, left knee, low back, neck, and right hip disabilities, as well as bilateral hearing loss. The claims were denied due to the lack of evidence suggesting current disabilities.
- Denied
The Board denied service connection for left upper hand tremors, right upper hand tremors, a stomach condition, and a sleep condition as they are not related to the Veteran's service or any service-connected disability.
- Remanded (sent back)
The Board remands the claims for service connection for various conditions, including headaches, nervous condition, skin lesions, sleep apnea, and heart condition/atrial fibrillation, to correct pre-decisional duty to assist errors.
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