The February 10, 1972 rating decision denying the veteran's TDIU claim was not clearly and unmistakably erroneous. The appellant is not entitled to DIC benefits under 38 U.S.C.A. § 1318 as she did not meet the requirements for such benefits.
The deciding factor: The February 10, 1972 rating decision denied TDIU based on insufficient evidence of unemployability due to service-connected disabilities, and there was no clear and unmistakable error in this determination.
- Claimed conditions
- disfiguring gunshot wound chin scar, gunshot wound injuries to the right elbow and forearm, gunshot wound injuries to the right upper arm muscle, loss of motion of the left thumb with restricted motion of the left index finger with partial destruction of the metacarpals, residuals of a gunshot wound injury to the left hand and wrist, residuals of a gunshot wound of the left upper thigh with retained foreign bodies in muscle group XIII
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 80%
- Decision date
- June 17, 2003
- Citation
- 0313000
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 0313000.
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.
- Denied
The Board denied the veteran's claims for increased ratings for his service-connected lumbar myositis, psychoneurosis and conversion hysteria, residuals of shrapnel wounds of the left thigh and pelvis with retained foreign bodies and scars, and residuals of shell fragment wounds of the right thigh and left leg. The veteran was also denied entitlement to a total disability rating based on individual unemployability due to service-connected disabilities.
- Denied
The Board denied the Veteran's claim for an initial evaluation in excess of 10 percent for his service-connected coronary artery disease, finding that the evidence did not support a higher rating based on the severity of his condition.
- 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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