The Board found clear and unmistakable error in the March 1974 administrative decision that the veteran's discharge was not a bar to VA benefits, and denied service connection for all claimed conditions as the character of discharge is a bar to VA benefits.
The deciding factor: The March 1974 administrative decision incorrectly applied the regulatory provisions relative to the character of discharge extant in 1974 by finding that the veteran's discharge was not a bar to VA benefits. But for this error, the outcome would have been manifestly different.
- Claimed conditions
- hearing loss, tinnitus, pes planus, shin splints, back disability, bilateral ankle disability, non-Hodgkin's lymphoma, liver disorder, status-post splenectomy, scars associated with status-post splenectomy, acquired psychiatric disorder
- How they argued it
- Not specified
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- February 3, 2009
- Citation
- 0903667
Veterans Law Judge
Decisions by this judge: 2,084 · Granted: 20% (granted or partly granted, in the indexed 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. Search VA.gov for the original decision (opens in a new tab) using citation 0903667.
What this means for you
A final Board denial may be appealed to the U.S. Court of Appeals for Veterans Claims, generally within 120 days of the Board mailing date. A Supplemental Claim with new and relevant evidence is a separate option. Another Higher-Level Review of the Board decision is not available. Check your own notice: this historical decision does not set your deadline.
What you can do next
Use your own notice and decision stage. A remanded issue is not a final court-appealable denial. VA review guidance and CAVC filing instructions (U.S. federal; reviewed October 7, 2026).
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Whole decision: 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.
- Whole decision: Denied
The Board denied the Veteran's claims for service connection for tinnitus, arthritis, and memory loss. The decision found no evidence linking these conditions to his military service.
- Whole decision: Remanded (sent back)
The Board has remanded the case for additional development regarding the Veteran's service connection claim for an acquired psychiatric disorder, including PTSD.
- Whole decision: Granted
The Veteran's tinnitus is granted as service connected. The issues of foot disability and cardiovascular disorder are remanded for additional development.
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