BVA Case 23-7340: Ptsd

Hughes sustained to his head and neck 2 Case:23-7340 Page: 3 of 21 Filed:04/10/2025 in August 1965 were not service connected because he did not enter active service until February 1966.

at 3922,but the RO foundno new and material evidence had been submitted and denied reopening,R.

The examiner opined that the veteran's mental illness symptoms were not related to service.

The Board found the August 2010 VA medical opinion inadequate because the examiner based the opinion on a lack of a TBI diagnosis and a finding that the veteran's injury occurred outside his period of ACDUTRA, but the Board found that other medical evidence reflected a TBI diagnosis and that the injury occurred during ACDUTRA.

The Board noted that the veteran had been awarded service connection for MDD with a 70%disability rating,effective from September 29,2009, which met the threshold schedular criteria for TDIU from September 29,2009.

August 10,2023,Board Decision on MDD Effective Date In the August 10,2023,decision on appeal, the Board found an effective date earlier than September 29,2009,unwarranted for MDD with unspecified anxiety disorder.

The Board found that because the veteran did not perfect a timely Substantive Appeal after the April 1973 SOC was issued,the July 1972 rating decision became final.

5 The Board found no CUE in the July 1972 rating decision or April 1973 SOC.