The Board found that the veteran did not raise a valid claim of clear and unmistakable error in RO decisions dated in December 1989, October 1990, or January 1991. The effective date for TDIU benefits was revised from June 17, 1992 to May 23, 1991 based on the veteran's statement indicating additional disability.
The deciding factor: The evidence did not present an unstabilized condition with severe level of disability precluding substantially gainful employment during the prestabilization period.
- Claimed conditions
- Multiple injuries resulting from a serious automobile accident, Right shoulder fracture-dislocation status post open reduction internal fixation (orif) and rotator cuff repair with ankylosis, Left subtrochanteric femur fracture with slight hip disability, Right subtrochanteric femur fracture with slight hip disorder, Left ankle bimalleolar fracture status post orif with some fusion, Deformity of the right ear auricle and reattachment scar, Organic brain syndrome with post-traumatic depression
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 80%
- Decision date
- March 31, 2003
- Citation
- 0306153
Veterans Law Judge
Decisions by this judge: 271 · Granted: 23% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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 0306153.
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What you can do next
Related decisions
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- Denied
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- Denied
The Veteran's service-connected musculoligamentous strain, right knee, is currently rated at 10 percent and the Board finds that a higher rating is not warranted.
- Granted
The Veteran's claim for service connection for PTSD is granted as the evidence shows a current diagnosis of PTSD, an in-service stressor, and a medical link between the two.
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