The Board denied the motion to revise a January 2012 rating decision that assigned an initial noncompensable rating for psychiatric disability based on clear and unmistakable error (CUE).
The deciding factor: The evidence did not undebatably establish that it was so overwhelmingly in favor of a higher rating that the need to weigh the evidence was rendered unnecessary.
- Claimed conditions
- primary insomnia, depressive disorder (psychiatric disability)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 12, 2024
- Citation
- A24073666
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.
- Remanded (sent back)
The Board remands the issue of entitlement to service connection for an acquired psychiatric disability, including depression, unspecified, a generalized anxiety disorder, and primary insomnia, due to duty-to-assist errors.
- Dismissed
The Veteran withdrew his appeal for a rating in excess of 70 percent disabling for service-connected PTSD and primary insomnia.
- Remanded (sent back)
The Board remanded the claim for service connection of the Veteran's cause of death to obtain additional medical opinions. The Veteran's death certificate indicated suicide by asphyxiation, with contributory factors including prior suicide attempts, suicidal ideations, PTSD, and ADHD.
- Dismissed
The Veteran withdrew his appeal for an increased rating for primary insomnia, and the claim is dismissed.
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