The appeal to reopen a claim of service connection for PTSD is denied. The claims for increased ratings for back and right-knee disabilities, as well as the claim for service connection for acquired psychiatric disorder (other than PTSD) and residuals of TBI are all remanded.
The deciding factor: New evidence received since the May 2002 denial does not relate to an unestablished fact necessary to substantiate the claims of service connection for PTSD, and thus may not be reopened. The VA examinations provided were inadequate in addressing all theories of entitlement reasonably raised by the record.
- Claimed conditions
- Post-Traumatic Stress Disorder (PTSD), Acquired Psychiatric Disorder (other than PTSD) including chronic pain syndrome and depression, Residuals of Traumatic Brain Injury (TBI)
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 28, 2023
- Citation
- 23068000
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 23068000.
What this means for you
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What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Veteran's claim for an effective date prior to December 27, 2019 for the grant of service connection for PTSD was denied as there is no earlier claim document in the claims file and the Veteran did not timely perfect an appeal.
- Remanded (sent back)
The Veteran's appeal is remanded for further development, including obtaining records from the Lancaster Vet Center and private mental health professionals.
- Granted
The Veteran's PTSD is granted as a result of military sexual trauma (MST) that occurred during service. The Board found the Veteran's testimony and supporting evidence credible, including her VA and private treatment records.
- Granted
The Veteran's claim for TDIU is granted with an effective date of August 17, 2022. The decision also denies the Veteran's request for Special Monthly Compensation (SMC) due to lack of need for aid and attendance or being housebound.
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