The Board found that the decision of May 7, 1985, which terminated a total disability rating based on individual unemployability was not in accordance with the existing law and regulations because the RO failed to apply the 'clear and convincing evidence' standard of proof.
The deciding factor: The decision did not meet the requirements for reduction due to actual employability established by clear and convincing evidence, as required by 38 C.F.R. § 3.343(c).
- Claimed conditions
- Back disorder
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 31, 2001
- Citation
- 0125672
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 0125672.
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
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Other Board decisions on a similar condition or argued the same way.
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- Remanded (sent back)
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- Remanded (sent back)
The Board remands the claims for further development and evidence collection, as some relevant private treatment records have not been obtained.
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