The Board has determined that there was clear and unmistakable error in the March 29, 2002, and September 26, 2002, rating decisions addressing the veteran's claims for service connection and a total rating based on individual unemployability. The veteran forfeited all rights to VA compensation benefits due to his forfeiture of rights as a consequence of treasonable acts during World War II.
The deciding factor: The Board found that the RO did not have jurisdiction to address the veteran's claims on the merits due to his forfeiture of all rights to VA benefits in 1953.
- Claimed conditions
- asthma, cataracts, hearing loss, beriberi, pulmonary tuberculosis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- August 7, 2006
- Citation
- 0623463
Veterans Law Judge
Decisions by this judge: 2,776 · Granted: 24% (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 0623463.
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.
- Remanded (sent back)
The Board has remanded the claims for service connection for hearing loss, tinnitus, and an acquired psychiatric disorder due to incomplete medical records and need for further examination.
- Granted
The Board has reopened the Veteran's claim for service connection for hearing loss and tinnitus. However, it was determined that the Veteran does not have a current disability of bilateral hearing loss or tinnitus for VA purposes, thus denying both claims.
- Denied
The Veteran's respiratory disability, including asthma and COPD, is denied as service connection is not warranted due to the condition being solely attributed to smoking.
- Remanded (sent back)
The Board has decided to remand the cases of sleep apnea and asthma due to a failure to provide proper notice for a hearing.
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