BVA Case 08-4200: Ptsd

In a January 1998 decision,the Board denied entitlement to an effective date prior to October 9,1992,for a total disability rating for PTSD.

In that decision,the Board noted that the issues of an increased rating and total rating are no longer before the Board for appellate consideration because the RO granted a total rating based on individual unemployability due to the veteran's service connected PTSD in November 1995, which essentially is a total grant of the benefits sought on appeal.

Further, the Board noted that since the veteran did not submit a timely notice of disagreement with respect to the rating actions first assigning and then continuing a 30 percent rating,those rating actions are final .

The Board denied an effective date earlier than October 9,1992, for a total disability rating for PTSD because that was the date of receipt of Mr.

In his CUE motion, he argued that the 1998 Board erred in not treating his wife's October 1992 letter as an NOD to the August 1992 RO decision.

In March 2000,the Board denied revision based on CUE,and in June 2001,the Court granted the Secretary's unopposed motion to remand Mr.

In November 2002,the Court granted the parties'joint motion to remand in which the parties stated that the February 2002 Board decision failed to address the argument that the January 1998 Board decision contained CUE by failing to properly apply 38 C.

On August 18,2006,this Judge vacated the Board's April 2003 decision and remanded for the Board to determine whether evidence received during the one-year appeal period following the August 1992 RO decision was new and material under 38 C.