The Board found that the September 1971 rating decision, which reduced the veteran's total disability rating based upon individual unemployability (TDIU) to a combined schedular evaluation of 90 percent, was not the product of clear and unmistakable error.
The deciding factor: The reduction in TDIU was consistent with and supported by the evidence then of record, as well as the law in effect at that time. The veteran did not receive adequate notice regarding the reduction due to his failure to return an employment questionnaire, but this was based on a valid regulation (38 C.F.R. § 3.501(f)) which had been correctly applied.
- Claimed conditions
- Not specified in this decision
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 21, 2005
- Citation
- 0511323
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 0511323.
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