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 assigned
- None in this decision
- Decision date
- February 3, 2009
- Citation
- 0903667
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 issue of entitlement to service connection for a back disability due to a duty to assist error, specifically regarding VA's failure to provide the Veteran with a VA examination prior to the rating decision.
- Remanded (sent back)
The Board remands the claim for service connection for tinnitus to correct a duty to assist error, as the Veteran's lay statements regarding onset and continuity of symptoms were not adequately considered in the previous decision.
- Denied
The Board denied the Veteran's appeal for special monthly compensation based on loss of use of his left foot, as there was no evidence showing that the service-connected conditions resulted in functional limitation equal to that of amputation of the left foot with prosthesis.
- Dismissed
The Veteran withdrew the appeals for service connection for bilateral pes planus, obstructive sleep apnea, bilateral hearing loss, tinnitus, and chronic obstructive pulmonary disease (COPD).
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.