The Veteran's claims for earlier effective dates for the awards of higher ratings and service connection were dismissed as they constituted impermissible, free-standing, earlier effective claims.
The deciding factor: The freestanding claims for earlier effective dates are impermissible under Rudd v. Nicholson, 20 Vet. App. 296 (2006).
- Claimed conditions
- Posttraumatic stress disorder (PTSD) with major depressive disorder, Bilateral pes planus and plantar fasciitis with tenosynovitis and fracture residuals, Lumbar strain, Left hip disability based on limited flexion, Right hip disability based on impairment of the thigh
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 25, 2025
- Citation
- A25038114
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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.
- Partly granted
The Board granted an effective date of October 1, 1973, for the award of service connection for a lumbar spine disability but remanded the issue of entitlement to an initial rating in excess of 10 percent prior to April 4, 2022, and in excess of 40 percent thereafter.
- Granted
The Veteran's PTSD with major depressive disorder was granted a rating of 70 percent, and he was also granted a total disability rating based on individual unemployability.
- Granted
The Board granted an earlier effective date of August 9, 2023, for the award of service connection for PTSD with major depressive disorder.
- Granted
The veteran was granted a total rating based on individual unemployability due to a service-connected disability (TDIU) from April 28, 2017, and basic eligibility for Dependents' Educational Assistance (DEA) as well as special monthly compensation (SMC) based on housebound criteria were established from the same date.
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