The February 1976 rating decision is not subject to revision based on a difference of opinion under the provisions of 38 C.F.R. § 3.105(b).,An effective date prior to May 20, 1990, for a total disability rating based on individual unemployability (TDIU) is denied.,There was no pending unadjudicated claim for a total disability rating based on individual unemployability prior to May 20, 1990.,An effective date prior to May 8, 1981, for the grant of service connection for schizophrenia is denied.
The deciding factor: The February 1976 rating decision became final when the Veteran did not file a timely appeal. Section 3.105(b) does not provide for consideration of a revision of a decision simply on the Veteran's request.,Each implied claim for a TDIU was raised in the context of a claim for an increased rating for the Veteran's service-connected schizophrenia, and each increased rating claim was denied by the Board or the RO. Therefore, all such implied claims are deemed to have been denied by the subsequent adjudication.,There is no remaining unadjudicated claim for a TDIU prior to August 1987.,The Veteran's service connection for schizophrenia was granted in December 1981 with an effective date of May 8, 1981. No new evidence or claims were submitted before this decision.
- Claimed conditions
- nervous disorder, schizophrenia
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 22, 2009
- Citation
- 0915030
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 0915030.
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.
- Granted
The Veteran's schizophrenia is rated at 70 percent, indicating significant impairment in work and social functioning.
- Dismissed
The Board dismissed the claims for an effective date prior to August 18, 2016, for a 100 percent disability rating for schizophrenia and for spousal SMC for aid and attendance. The Veteran's claim was erroneously adjudicated by the AOJ and constitutes a free-standing earlier effective date claim.
- Remanded (sent back)
The Board has found that the Appellant's discharge from service is not a bar to VA compensation benefits, but it was an error in fulfilling VA's duty to assist not to obtain a medical opinion addressing the extent of any psychiatric symptoms during service and their effect on the Appellant's behavior. The matter is therefore remanded for further action.
- Remanded (sent back)
The Veteran's past-due benefits from the May 2024 rating decision were not fully paid to him, and the Board has ordered VA to quickly verify and pay any remaining amounts owed.
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