The January 1992 rating decision denying service connection for a mental illness was based on clear and unmistakable error, as the RO failed to apply the presumption of soundness. The decision is revised to grant entitlement to service connection for a mental illness.
The deciding factor: The Court found that the RO's failure to apply the presumption of soundness manifestly changed the outcome of the 1992 RO decision.
- Claimed conditions
- mental illness
- How they argued it
- Presumptive (no nexus needed)
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- February 26, 2009
- Citation
- 0907253
Veterans Law Judge
Decisions by this judge: 1,500 · Granted: 17% (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 0907253.
What this means for you
A grant means the Board allowed the benefit or issue identified in this decision. Review the original order: other issues in the same appeal may have a different outcome, and this decision does not predict another claim.
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 case due to a pre-decisional duty to assist error, and will need to obtain an addendum opinion from an examiner of appropriate expertise to determine the nature and etiology of the Veteran's claimed acquired psychiatric condition.
- Whole decision: Dismissed
The claim for revision of a February 2013 rating decision based on CUE is dismissed as the rating decision is not final. The May 2014 rating decision that continued the previous denial of service connection for a mental illness, on the basis of CUE, is remanded.
- Whole decision: Remanded (sent back)
The Board remands the claim for an acquired psychiatric condition to correct a pre-decisional duty-to-assist error, requiring a VA examination.
- Whole decision: Remanded (sent back)
The Board has remanded the Veteran's claims for service connection due to his failure to report to a scheduled VA examination and the unique circumstances of his case, including chronic homelessness.
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