The Board dismissed the Veteran's claim for an earlier effective date for the award of a total disability rating for compensation based on individual unemployability (TDIU) as it was not continuously pursued and did not meet the specificity requirement for a valid clear and unmistakable error motion.
The deciding factor: The Veteran failed to express disagreement with the effective date assigned in the September 16, 2019 decision and subsequently filed a supplemental claim more than one year after the most recent decision on the issue. The Board dismissed the appeal as a freestanding earlier effective date claim that could not be addressed.
- Claimed conditions
- Acquired psychiatric disorder (PTSD)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 28, 2023
- Citation
- A23033578
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 A23033578.
What this means for you
A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot. It says more about procedure than about whether a claim like this can win.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Board finds the evidence does not support a finding that the Veteran has an acquired psychiatric disorder related to service, particularly given inconsistencies in his statements and lack of combat service.
- Remanded (sent back)
The Board has determined that new and relevant evidence has been received to warrant readjudicating the appellant's claim of service connection for the Veteran's cause of death. The case is remanded for further development, including obtaining medical opinions regarding the etiology of the Veteran's death.
- Granted
The Veteran's claim for an increased rating for thoracolumbar spine degenerative arthritis and DDD was granted effective August 29, 2022. Service connection was established for vitreous syneresis / vitreous floaters of both eyes. The claims for service connection for refractive error of both eyes (myopia and astigmatism), bilateral hearing loss disability, residuals of a traumatic brain injury (TBI), obstructive sleep apnea, and an acquired psychiatric disorder (PTSD) were all denied.
- Granted
The Board granted an earlier effective date of June 30, 2022, for service connection and a 100 percent disability rating from August 30, 2024.
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