The Board denied the veteran's claim alleging clear and unmistakable error (CUE) in the July 1991 rating decision that granted service connection for schizoaffective disorder, seizure disorder, and avulsion fracture of the left distal fibula. The Board found no CUE.
The deciding factor: The RO did not have a duty to consider entitlement to a TDIU as it was not filed by the veteran.
- Claimed conditions
- schizoaffective disorder, seizure disorder, avulsion fracture of the left distal fibula
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- January 7, 2004
- Citation
- 0400452
Veterans Law Judge
Decisions by this judge: 2,421 · Granted: 29% (granted or partly granted, in the indexed 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. Search VA.gov for the original decision (opens in a new tab) using citation 0400452.
What this means for you
A final Board denial may be appealed to the U.S. Court of Appeals for Veterans Claims, generally within 120 days of the Board mailing date. A Supplemental Claim with new and relevant evidence is a separate option. Another Higher-Level Review of the Board decision is not available. Check your own notice: this historical decision does not set your deadline.
What you can do next
Use your own notice and decision stage. A remanded issue is not a final court-appealable denial. VA review guidance and CAVC filing instructions (U.S. federal; reviewed October 7, 2026).
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Whole decision: Remanded (sent back)
The Board has remanded the case for additional development, including obtaining in-service psychiatric treatment records and scheduling a VA examination to determine the nature and etiology of any acquired psychiatric disorder.
- Whole decision: Remanded (sent back)
The Veteran's service connection claim for an acquired psychiatric disorder, including PTSD, schizoaffective disorder, and neurocognitive disorder is remanded due to a failure to provide a VA examination addressing whether the pre-existing psychiatric disorder was aggravated during service.
- Whole decision: Dismissed
The Veteran's appeals for service connection on the issues of esophageal condition, right foot condition, headaches, seizure disorder, traumatic brain injury, and hypertension have been dismissed due to withdrawal by the Veteran during a Board hearing. The claim for service connection for an acquired psychiatric disorder is remanded.
- Whole decision: Remanded (sent back)
The Veteran's claims for service connection for residuals of a traumatic brain injury, seizure disorder, photophobia, and headaches are being remanded due to the need to obtain Social Security Administration records.
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