The Board found that the veteran's total disability rating based on individual unemployability (TRIU) should be restored due to clear and unmistakable error in the July 20, 1989 decision which denied it. The TRIU was granted effective September 1, 1986.
The deciding factor: The Board determined that actual employability had not been established by clear and convincing evidence at the time of termination, leading to a manifestly different outcome if correctly applied.
- Claimed conditions
- Degenerative arthritis, Osteoarthritis, Hyperthyroidism
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 100%
- Decision date
- February 25, 2000
- Citation
- 0004993
This is a plain-language summary generated by AI from a public Board of Veterans’ Appeals decision. It can contain errors — always verify against the original. Look up the original decision on VA.gov (opens in a new tab) using citation 0004993.
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.
- Granted
The Board granted service connection for a neck injury, including degenerative arthritis, IVDS, spinal stenosis, and history of spinal fusion, based on the evidence showing chronicity since service.
- Granted
The Board granted an effective date of February 25, 2025 for the award of service connection for degenerative disc disease thoracolumbar spine with degenerative arthritis, spinal stenosis, and levoscoliosis.
- Remanded (sent back)
The Board remands the claim for service connection for a back condition to correct pre-decisional duty to assist errors, including obtaining an appropriate medical examination and associated opinion.
- Partly granted
The Board granted readjudication of the claim for service connection for a back disability based on new and relevant evidence, but remanded the issue for further development.
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