The Board has determined that there was clear and unmistakable error in the February 1983 rating decision, which resulted in a 30 percent evaluation for anxiety reaction with depression. As a result of this CUE finding, the Veteran had a total disability rating based on unemployability (TDIU) effective from the date of his death. The DIC claim under 38 U.S.C.A. § 1318 is granted as the Veteran was continuously rated at or above 60 percent for a period of 10 years immediately preceding his death.
The deciding factor: The February 1983 rating decision incorrectly assigned a 30 percent evaluation, which did not account for the Veteran's unemployability due to his service-connected anxiety reaction with depression. The Board found that this error was clear and unmistakable, leading to an amendment of the prior decision.
- Claimed conditions
- Anxiety Reaction with Depression
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- 60%
- Decision date
- October 15, 2009
- Citation
- 0939127
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 0939127.
What this means for you
A grant means the Board agreed the veteran was entitled to the benefit. Decisions like this show the kind of evidence and arguments that tend to succeed for claims like it.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Veteran's service-connected anxiety reaction with depression is currently rated at 70 percent, which reflects the severity of his symptoms and impairment. The Board found that he does not meet the criteria for a higher rating due to his overall functioning.
- Granted
The Board has reopened the claim for service connection for anxiety reaction with depression and finds that there is sufficient evidence to support a finding of service connection, including from VA treating physician's opinion linking current depression to service.
- Denied
The VA determined that the appellant's anxiety reaction with depression has not resulted in more than occasional decrease in work efficiency and intermittent periods of inability to perform occupational tasks, warranting a rating no higher than 30 percent.
- Remanded (sent back)
The Board has remanded the case due to the need for additional development, including obtaining SSA records and providing proper notice regarding secondary service connection.
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