The Board denied the Veteran's claims for earlier effective dates for his increased ratings of PTSD and pleural cavity injury, finding that new and material evidence was not received within one year of the June 26, 2006 rating decisions.
The deciding factor: The VA treatment records submitted by the appellant did not constitute new and material evidence after a final disallowance, as they related to service connection for PTSD which had already been granted. The Board found that no formal or informal claim was filed prior to September 27, 2010.
- Claimed conditions
- Posttraumatic Stress Disorder (PTSD), Pleural cavity injury
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- May 3, 2023
- Citation
- 23025430
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. Read the original VA decision (opens in a new tab) using citation 23025430.
What this means for you
A final Board denial may be appealed to the U.S. Court of Appeals for Veterans Claims, generally within 120 days of the Board mailing date. A Supplemental Claim with new and relevant evidence is a separate option. Another Higher-Level Review of the Board decision is not available. Check your own notice: this historical decision does not set your deadline.
What you can do next
Use your own notice and decision stage. A remanded issue is not a final court-appealable denial. VA review guidance and CAVC filing instructions (U.S. federal; reviewed October 7, 2026).
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Whole decision: 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.
- Whole decision: Denied
The Veteran's PTSD has been rated at 50% since March 23, 2004. The Board found that a higher rating is not warranted prior to February 15, 2005 due to the severity of his symptoms and their impact on his social and occupational functioning.
- Whole decision: Denied
The Board denied the Veteran's claims for service connection for PTSD and any acquired psychiatric disorder, finding that there was no evidence to support a link between his current mental health conditions and his military service.
- Whole decision: Granted
The Veteran's PTSD resulted in occupational and social impairment with reduced reliability and productivity, warranting a 70% disability rating. The Veteran also met the criteria for a TDIU due to his service-connected disabilities preventing him from securing or following a substantially gainful occupation.
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