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 assigned
- None in this decision
- Decision date
- February 26, 2009
- Citation
- 0907253
What this means for you
A grant means the Board agreed the veteran was entitled to the benefit. Decisions like this show the kind of evidence and arguments that tend to succeed for claims like it.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- 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.
- 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.
- Remanded (sent back)
The Board remands the claim for a medical opinion addressing whether the Veteran's left eye condition is related to service, as it found that the condition did not preexist service.
- Granted
The Board granted service connection for prostate cancer, related to in-service exposures at Camp Lejeune.
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This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.