The Board found clear and unmistakable error in the termination of the veteran's total rating based on individual unemployability, which was granted due to service-connected disabilities. The decision grants dependency and indemnity compensation benefits under 38 U.S.C.A. § 1318.
The deciding factor: The March 1985 Board decision incorrectly characterized the issue as a grant of a total disability rating based on individual unemployability, rather than its termination, leading to clear and unmistakable error.
- Claimed conditions
- ankylosis of the right knee, shell fragment wound residuals of the right ankle
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- 0%
- Decision date
- April 16, 2004
- Citation
- 0409983
Veterans Law Judge
Decisions by this judge: 1,514 · Granted: 19% (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 0409983.
What this means for you
A grant means the Board agreed the veteran was entitled to the benefit. Decisions like this show the kind of evidence and arguments that tend to succeed for claims like it.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The VA determined that the appellant's service-connected disabilities do not prevent him from securing and following substantially gainful employment.
- Remanded (sent back)
The Board has remanded the case due to the need for additional development, including obtaining SSA records and providing proper notice regarding secondary service connection.
- Granted
The Veteran's claim for service connection for PTSD was reopened due to the submission of new and material evidence. The appeal is granted as his PTSD is now considered service-connected.
- Granted
The Veteran's claim for service connection of a left leg disability is reopened, and the appeal is granted.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.