The Board found that the January 2010 decision did not contain clear and unmistakable error in denying earlier effective dates for service connection for the Veteran's conditions. The deck logs from the USS Taylor, which were associated with his file after the original claims had been decided, did not trigger reconsideration of the original decisions as they were not part of the basis for the initial grants of service connection.
The deciding factor: The pre-amendment version of 38 C.F.R. § 3.156(c) applied at the time of the January 2010 decision and did not require reconsideration based on the deck logs, as the original awards of service connection were already made prior to the receipt of these records.
- Claimed conditions
- residuals of a frenulectomy, burn scars of the bilateral hands, bilateral forearms, and the left ankle, posttraumatic stress disorder (PTSD)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 28, 2022
- Citation
- 22018197
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 22018197.
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
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- Remanded (sent back)
The Veteran's claim for service connection for an acquired psychiatric disorder, including PTSD and major depressive disorder, is being remanded due to the need for additional development regarding his alleged stressors.
- Remanded (sent back)
The Board has remanded the case for additional development regarding the Veteran's service connection claim for an acquired psychiatric disorder, including PTSD.
- Remanded (sent back)
The Board has remanded the claims for bilateral hearing loss, migraine headaches, and PTSD due to additional development of records and examination.
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