The Board denied the claim for clear and unmistakable error (CUE) in a March 1980 rating decision that denied service connection for a nervous condition.
The deciding factor: The RO misinterpreted facts and failed to recognize the presumption of soundness, but this had no effect on the outcome as the diagnosis was a personality disorder which could not be service-connected at the time.
- Claimed conditions
- nervous condition
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 7, 2008
- Citation
- 0811390
What this means for you
A denial is a starting point, not the end of the road. You can see why this claim fell short — and, if you are still inside the one-year window, the appeal lanes that may remain open to you.
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 claims for service connection for various conditions, including headaches, nervous condition, skin lesions, sleep apnea, and heart condition/atrial fibrillation, to correct pre-decisional duty to assist errors.
- Remanded (sent back)
The Board remands the claim for service connection for an acquired psychiatric disorder, including schizophrenia, a nervous condition and PTSD, due to a pre-decisional duty to assist error in the request for information to verify treatment during active duty training.
- Denied
The Board denied an initial disability rating in excess of 30 percent for nervous condition prior to December 2, 2023, and entitlement to a total disability rating based on individual unemployability (TDIU) prior to May 22, 2023.
- Remanded (sent back)
The Board remanded the case for the RO to determine whether service personnel records received in March and April 1997 were newly added and relevant, and if so, whether reconsideration of the October 1996 claim for service connection for a psychiatric disorder is warranted under 38 C.F.R. § 3.156(c). The CUE motion is premature and will be addressed after the reconsideration determination is made.
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