The Board granted an earlier effective date of July 10, 2008 for the award of a TDIU based on clear and unmistakable error (CUE) in a June 5, 2009 rating decision that only addressed increased PTSD disability.
The deciding factor: The June 2009 rating decision failed to consider the Veteran's claim for a TDIU due to his service-connected disabilities as part of an increased rating claim, which was raised by the record and held in Rice v. Shinseki (2009).
- Claimed conditions
- posttraumatic stress disorder (PTSD), residuals of gunshot wound to the right thigh, bronchial asthma
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- 90%
- Decision date
- November 7, 2022
- Citation
- A22022378
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 A22022378.
What this means for you
A grant means the Board agreed the veteran was entitled to the benefit. Decisions like this show the kind of evidence and arguments that tend to succeed for claims like it.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The Board has remanded the case due to insufficient evidence regarding the Veteran's acquired psychiatric disorders, including bipolar disorder and PTSD. The Veteran will be asked to provide additional medical records and undergo a VA examination.
- 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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