The Board found that the March 1973 rating decision denying service connection for a nervous condition was subsumed by an April 1979 Board decision, and thus the claim to revise or reverse the March 1973 rating decision on the basis of clear and unmistakable error is dismissed.
The deciding factor: The evidence submitted after the March 1973 RO decision did not alter the evidentiary record in a meaningful way so as to affect subsuming because it failed to reflect schizophrenia during service, within one year after service, or any relationship between this disorder and military service.
- Claimed conditions
- nervous condition
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 20, 2009
- Citation
- 0914700
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 0914700.
What this means for you
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What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Board denied the appellant's motion to revise a September 1949 rating decision that denied service connection for a nervous condition, finding no CUE and concluding the denial was not erroneous.
- Remanded (sent back)
The Board has remanded the case due to a duty to assist error, specifically regarding the etiology of the Veteran's acquired psychiatric disorders. The AOJ must obtain SSA records and provide an addendum medical opinion addressing the onset and relationship of any diagnosed psychiatric disorder to service.
- Remanded (sent back)
The Board remands the claims for service connection for various conditions, including headaches, nervous condition, skin lesions, sleep apnea, and heart condition/atrial fibrillation, to correct pre-decisional duty to assist errors.
- Remanded (sent back)
The Board remands the claim for service connection for an acquired psychiatric disorder, including schizophrenia, a nervous condition and PTSD, due to a pre-decisional duty to assist error in the request for information to verify treatment during active duty training.
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