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Rice v. Shinseki

22 Vet. App. 447 (2009)

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Rice v. Shinseki

United States Court of Appeals for Veterans Claims
22 Vet. App. 447 (2009)

CS

Facts

Sterling Rice (plaintiff) served in the United States Army from 1976 to 1973, including service in the Vietnam War. In 1998, Rice filed for Department of Veterans Affairs (the VA) (defendant) benefits for posttraumatic stress disorder (PTSD). After initially denying his claim, the VA eventually awarded Rice a service-connected disability for PTSD rated at 30 percent. Rice filed his disagreement regarding this rating and also raised a claim for a total disability rating based on individual unemployability (TDIU). In 2002, the VA increased the rating for his PTSD to 70 percent, effective back to 1998, and granted him TDIU benefits, effective back to 2000. Rice appealed to the Board of Veterans’ Appeals (the board), seeking an earlier effective date for the TDIU benefits. The board denied an earlier effective date, holding that Rice’s claim for TDIU was in fact a new claim for an increased rating, not a claim for a higher initial rating for his PTSD award. Rice appealed.

Rule of Law

Issue

Holding and Reasoning (Per curiam)

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