The July 1, 1983 rating decision has been vacated and the appeal as to CUE is moot. The March 17, 1975 rating decision that reduced the assigned disability evaluation from 100 percent to 70 percent for schizophrenia did not contain clear and unmistakable error.
The deciding factor: The July 2004 rating decision (that determined there had been no CUE in the March 17, 1975 rating decision) is not a 'disability rating decision' and would not be subject to being vacated pursuant to the Giusti Bravo Stipulation and Order.
- Claimed conditions
- schizophrenia
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 6, 2009
- Citation
- 0908495
What this means for you
A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot. It says more about procedure than about whether a claim like this can win.
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 claim for service connection for an acquired psychiatric disorder, diagnosed alternatively as schizophrenia, schizoaffective disorder, and bipolar disorder, due to an inadequate VA examiner's opinion and a failure to fulfill the duty to assist in obtaining relevant medical records.
- Remanded (sent back)
The Board remands the claim for an addendum opinion addressing the etiology of the Veteran's acquired psychiatric disorder, to include schizophrenia.
- Remanded (sent back)
The Board remands the matter of entitlement to service connection for an acquired psychological condition, including PTSD, depression, anxiety, insomnia, schizophrenia and bipolar disorder, due to inadequate medical examinations and opinions.
- Granted
The Board granted an effective date of May 28, 1991, for the award of service connection for an acquired psychiatric disability.
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