The Board denied the veteran's claim for a reduction in his disability rating from 100% to 70%, finding that the decision was not clearly and unmistakably erroneous. The DIC claim under 38 U.S.C.A. § 1318 was also denied.
The deciding factor: The Board determined that the December 1971 reduction in rating did not constitute clear and unmistakable error, based on the evidence of record at that time.
- Claimed conditions
- neurotic depressive reaction
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 70%
- Decision date
- October 7, 2005
- Citation
- 0527350
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 0527350.
What this means for you
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Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
- Dismissed
The Board determined that the Veteran did not have a psychiatric disorder due to his active service and dismissed the appeal.
- Dismissed
The Board found that there was no clear and unmistakable error in the July 26, 1993 decision which assigned an effective date of September 26, 1982 for a 100% rating for neurotic depressive reaction, as it was based on correct facts known at the time and in accordance with existing law.
- 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.
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