The Veteran's appeal is denied as he is not entitled to payment of interest on retroactive disability compensation associated with a grant of benefits based on clear and unmistakable error (CUE) in a November 1979 rating decision.
The deciding factor: VA has no legal authority to provide additional compensation for payment of interest on retroactive disability compensation due to the absence of express statutory language authorizing such payments.
- Claimed conditions
- loss of bowel control, right lower extremity paralysis, loss of bladder control, left lower extremity paralysis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 100%
- Decision date
- March 31, 2009
- Citation
- 0911901
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. Look up the original decision on VA.gov (opens in a new tab) using citation 0911901.
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.
- Granted
The Board has determined that the Veteran's service-connected disabilities, including loss of bowel control and multilevel spondylosis, have resulted in a need for regular aid and attendance. The claim is granted subject to the laws governing payment of monetary benefits.
- Dismissed
The Board dismissed the claim for entitlement to service connection for prostate cancer and denied earlier effective dates for the awards of service connection for loss of use of the bilateral lower legs and loss of bladder control.
- Denied
The Board denied the Veteran's claims for compensation under 38 U.S.C. § 1151 for erectile dysfunction, loss of bowel control, and loss of bladder control as they were not caused by carelessness, negligence, lack of proper skill, error in judgment, or similar instances of fault on the part of VA.
- Denied
The Veteran's claims for service connection for right and left lower extremity paralysis, as well as his claim for special monthly compensation based on loss of use of the lower extremities, were denied. The Board found no evidence to support these claims.
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