The appeal seeking reversal or revision of a July 24, 1980, rating decision that adjudicated the claim of service connection for a nervous condition and found conditions and denied service connection for anxiety neurosis, also diagnosed depressive reaction on the basis of clear and unmistakable error (CUE) pursuant to 38 C.F.R. § 3.105, is denied.
The deciding factor: The July 1980 rating decision did not commit clear and unmistakable error as it directly addressed and denied the claim for service connection for delayed stress reaction due to lack of a current diagnosis provided by medical professionals.
- Claimed conditions
- nervous condition, anxiety neurosis, depressive reaction
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 7, 2024
- Citation
- A24072872
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
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Board granted an effective date of June 22, 2017, for the grant of service connection for vascular neurocognitive disorder; unspecified depressive disorder with anxious distress.
- Remanded (sent back)
The Board remands the issues of CUE in the June 1972 and March 1991 rating decisions for initial adjudication by the AOJ.
- Remanded (sent back)
The Board remands the claims for service connection for various conditions, including headaches, nervous condition, skin lesions, sleep apnea, and heart condition/atrial fibrillation, to correct pre-decisional duty to assist errors.
- Remanded (sent back)
The Board remands the claim for service connection for an acquired psychiatric disorder, including schizophrenia, a nervous condition and PTSD, due to a pre-decisional duty to assist error in the request for information to verify treatment during active duty training.
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