The Veteran's service-connected schizophrenia contributed to his death, but the claim is granted as he would have been rated totally disabled for more than 10 years prior to his death if not for a clear and unmistakable error in denying service connection.
The deciding factor: The Veteran's service-connected schizophrenia was found to contribute to his death, but the appellant qualifies under 38 U.S.C.A. § 1318 due to the denial of service connection being clearly and unmistakably erroneous.
- Claimed conditions
- schizophrenia, residuals of fracture of the right pelvis and femur, residuals of fracture of the second right rib
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 100%
- Decision date
- September 7, 2010
- Citation
- 1033509
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 1033509.
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.
- 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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