The March 30, 1979 rating decision to reduce the veteran's disability compensation for organic brain syndrome from 50 percent to 30 percent was not based on clear and unmistakable error (CUE).,The July 22, 1995 rating decision to grant service connection for post-traumatic stress disorder with organic brain syndrome and assign an effective date of January 31, 1994 was also not based on CUE.
The deciding factor: Both the March 30, 1979 reduction in disability rating and the July 22, 1995 grant of service connection for PTSD with organic brain syndrome were supported by the evidence then of record and did not ignore or incorrectly apply any applicable statutory or regulatory provisions.
- Claimed conditions
- organic brain syndrome, post-traumatic stress disorder
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- 100%
- Decision date
- May 4, 2007
- Citation
- 0713315
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 0713315.
What this means for you
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What you can do next
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- Remanded (sent back)
The Veteran's claim for payment or reimbursement of non-VA medical services provided on September 2, 2020 was denied under 38 U.S.C. § 1725 and 38 U.S.C. § 1728 due to lack of evidence in the file. The Board finds that remand is warranted for correction of errors in notice.
- Remanded (sent back)
The Board has determined that the AOJ's decision denying eligibility for the Program of Comprehensive Assistance for Family Caregivers (PCAFC) is not supported by adequate reasoning and must be remanded to allow for a thorough review, including obtaining medical opinions on whether it is in the best interest of the Veteran to participate in the PCAFC program.
- Granted
The Veteran's claims for service connection and special monthly compensation based on housebound criteria were granted, effective September 22, 2009.
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