The Board denied service connection for PTSD based on clear and unmistakable error (CUE) in the May 2007 rating decision, as there was insufficient credible evidence to corroborate the claimed in-service sexual assault.
The deciding factor: The VA treatment records did not show any psychiatric problems during service or indicia of an in-service assault. The Veteran's post-service onset of PTSD symptoms were related to job stressors and not associated with the claimed in-service sexual assault.
- Claimed conditions
- Posttraumatic Stress Disorder (PTSD)
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 21, 2020
- Citation
- 20068299
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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