The veteran's appeal has been dismissed as he and his representative have requested withdrawal of their appeals for the issues of special monthly pension based on need for aid and attendance, and whether an August 1981 rating decision was clearly and unmistakably erroneous in failing to award such. The issue of reopening a previously denied claim of service connection for a psychiatric disability is remanded.
The deciding factor: The veteran and his representative have requested withdrawal of their appeals on the issues of special monthly pension based on need for aid and attendance, and whether an August 1981 rating decision was clearly and unmistakably erroneous in failing to award such. The issue of reopening a previously denied claim of service connection for a psychiatric disability is now remanded.
- Claimed conditions
- psychiatric disability
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 10, 2006
- Citation
- 0610311
What this means for you
A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot. It says more about procedure than about whether a claim like this can win.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The Board remands the claim for a psychiatric disability to correct a pre-decisional duty to assist error, specifically regarding the presumption of soundness at entrance into service.
- Denied
The Board denied higher initial disability ratings for the service-connected psychiatric disability and denied earlier effective dates for TDIU, SMC at the schedular housebound rate, and DEA benefits.
- Partly granted
The Board granted a 70 percent disability rating for the Veteran's psychiatric disability and also granted a total disability rating based on individual unemployability (TDIU), but denied an earlier effective date for service connection.
- Partly granted
The Board granted a 60 percent rating for prostate cancer with residuals, denied ratings in excess of 10 percent for tachycardia and an initial compensable rating for erectile dysfunction, and granted service connection for a psychiatric disability.
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