The Board's October 1991 decision denying TDIU was reversed due to clear and unmistakable error in failing to consider a VA medical opinion that the veteran was unemployable as a result of his service-connected disabilities.
The deciding factor: The failure to report or address pertinent evidence, including a VA medical opinion and a statement from the veteran's former employer, manifestly changed the outcome of the Board's decision.
- Claimed conditions
- shell fragment wound, upper third right leg, paralysis, peroneal nerve, osteomyelitis, right tibia, shell fragment wound, dorsal aspect, right hand, shell fragment wound, group IX, muscles, left hand, shell fragment wound, group XX muscles, left side of neck
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 90%
- Decision date
- April 26, 2005
- Citation
- 0511787
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 0511787.
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 Board denied the veteran's claims for service connection for varicose veins and an increased evaluation for osteomyelitis, right tibia. The decision found that there was no competent evidence of a nexus between the conditions and service or service-connected disability.
- 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.
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.