The Board granted the revision of the September 2004 rating decision, in which entitlement to service connection for PTSD was denied, on the basis of clear and unmistakable error (CUE), allowing an earlier effective date.
The deciding factor: The AOJ incorrectly applied the regulations pertaining to establishing service connection for PTSD, specifically failing to comply with 38 C.F.R. § 3.304(f)(3) and the governing caselaw regarding personal assault stressors.
- Claimed conditions
- post-traumatic stress disorder (PTSD)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- May 6, 2025
- Citation
- A25040955
What this means for you
A grant means the Board agreed the veteran was entitled to the benefit. Decisions like this show the kind of evidence and arguments that tend to succeed for claims like it.
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 claim for service connection for PTSD to be readjudicated on the merits due to new and relevant evidence.
- Partly granted
The veteran's claims for service connection for various conditions were denied, except for tinnitus and bilateral hearing loss disability which were granted. The veteran was also granted service connection for hypertension.
- Remanded (sent back)
The Board remands the claim for an evaluation in excess of 70 percent disabling for service-connected PTSD due to duty-to-assist errors.
- Denied
The Board denied the Veteran's claims for increased ratings for right hip bursitis, left knee strain, TBI, and PTSD.
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