The Board has denied the Veteran's claims for service connection due to clear and unmistakable error in granting service connection for urinary frequency.
The deciding factor: The grant of service connection for urinary frequency was found to be clearly erroneous as it violated the rule against pyramiding, which requires that the same symptom cannot be used to rate a disability under various diagnostic codes.
- Claimed conditions
- depression, central nervous system condition characterized by dizziness, bilateral shoulder disability, bilateral knee disability, bilateral hip disability
- How they argued it
- Secondary to another service-connected condition
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- September 23, 2009
- Citation
- 0935994
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 0935994.
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.
- Denied
The Board denied the Veteran's claims for service connection for a bilateral shoulder disability and increased ratings for her bilateral knee disabilities, finding no evidence of in-service injury or disease related to these conditions.
- Remanded (sent back)
The Board has remanded the case for additional development, including obtaining in-service psychiatric treatment records and scheduling a VA examination to determine the nature and etiology of any acquired psychiatric disorder.
- Remanded (sent back)
The Board has remanded the claims for a neurological examination to determine if any diagnosed radiculopathy or other neurological disability affecting the lower extremities was caused or aggravated by service-connected conditions.
- Denied
The Veteran's depression was rated at 50 percent prior to July 1, 2016. The Board found that the evidence did not support a higher rating due to occupational and social impairment with reduced reliability and productivity. For TDIU, the Veteran had multiple service-connected disabilities but his education and work experience were sufficient for sedentary or light labor employment.
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