The Board has determined that the reduction in the disability rating from 50 percent to 10 percent for organic mental disorder was not proper and has restored the original 50 percent rating.
The deciding factor: The RO failed to comply with applicable regulations when reducing the Veteran's disability rating, leading to a void ab initio decision. The effective date of the reduction is set aside, and the 50 percent rating is restored.
- Claimed conditions
- Organic Mental Disorder
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 50%
- Decision date
- December 28, 2010
- Citation
- 1048081
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 1048081.
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 service-connected disabilities prevent him from securing or following substantially gainful employment during the appeal period.
- Denied
The Board finds that the veteran does not meet the criteria for special monthly pension based on need for regular aid and assistance or being housebound due to his mental disorders.
- Denied
The Board has determined that the veteran does not have a current seizure disorder or organic mental disorder, and thus his claims for service connection are denied.
- Denied
The Board denied the veteran's claims for increased ratings for his service-connected lumbar myositis, psychoneurosis and conversion hysteria, residuals of shrapnel wounds of the left thigh and pelvis with retained foreign bodies and scars, and residuals of shell fragment wounds of the right thigh and left leg. The veteran was also denied entitlement to a total disability rating based on individual unemployability due to service-connected disabilities.
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