The veteran's TDIU rating was granted and later discontinued. The decision finds that the discontinuance of the TDIU was void ab initio due to failure to consider the appropriate regulatory standard.
The deciding factor: VA regulations do not provide for automatic termination of a TDIU when percentage requirements are no longer met, and VA policy is that all veterans who are unable to secure and follow a substantially gainful occupation by reason of service-connected disability will be rated totally disabled. The veteran's actual employability was not established by clear and convincing evidence.
- Claimed conditions
- Recurrent major depressive disorder
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- August 19, 2002
- Citation
- 0210084
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. Search VA.gov for the original decision (opens in a new tab) using citation 0210084.
What this means for you
A grant means the Board allowed the benefit or issue identified in this decision. Review the original order: other issues in the same appeal may have a different outcome, and this decision does not predict another claim.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Board has restored the Veteran's 70 percent rating for recurrent major depressive disorder, effective October 1, 2021, as the reduction was improper and his symptoms did not improve.
- Granted
The Board has restored the Veteran's 70 percent rating for recurrent major depressive disorder, effective October 1, 2021, as the reduction was improper and his symptoms did not improve.
- Granted
The Veteran's claim for an earlier effective date of May 12, 2021 for the assignment of a 70 percent disability rating for recurrent major depressive disorder is granted. The Veteran's claims for increased ratings are denied.
- Granted
The Veteran's service-connected disabilities rendered him unable to secure and follow any form of substantially gainful employment prior to April 16, 2023. Basic eligibility for Dependents' Educational Assistance was also established.
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