The Board determined that the July 1991 rating action did not involve clear and unmistakable error, but found that the veteran has not submitted a valid notice of disagreement for an earlier effective date for the award of a total disability rating based on individual unemployability.
The deciding factor: The veteran's application was filed without requesting entitlement to a total disability rating based on individual unemployability. The RO did not consider this benefit as it is required by regulation and the veteran never submitted a formal claim for such benefits.
- Claimed conditions
- schizoaffective disorder, seizure disorder
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- May 28, 2002
- Citation
- 0205382
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 0205382.
What this means for you
A denial is a starting point, not the end of the road. You can see why this claim fell short — and, if you are still inside the one-year window, the appeal lanes that may remain open to you.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Partly granted
The Board granted an earlier effective date of October 1, 2021, for service connection for migraine headaches and seizure disorder but denied the same for PTSD with TBI.
- Partly granted
The Board granted service connection for bilateral macular hemorrhage, resolving all doubt in the Veteran's favor. The claims for other disabilities were remanded for further development.
- Dismissed
The appeal for service connection for cervical spine arthritis, lumbar spine arthritis, traumatic brain injury (TBI), seizure disorder, and erectile dysfunction has been dismissed due to the Veteran's death.
- Remanded (sent back)
The Board remands the claim for service connection for an acquired psychiatric disorder, diagnosed alternatively as schizophrenia, schizoaffective disorder, and bipolar disorder, due to an inadequate VA examiner's opinion and a failure to fulfill the duty to assist in obtaining relevant medical records.
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