The Veteran's service-connected disabilities, including diabetes mellitus and arthritis of both knees, were rated at 100% disabling prior to his death in March 1998. The Board found clear and unmistakable error in the January 1986 decision that denied a total disability rating based on individual unemployability due to service-connected disabilities, as it did not consider the Veteran's combined disability rating at the time of his claim in 1985.
The deciding factor: The Board found clear and unmistakable error in applying the regulation governing the award of total disability ratings because it considered the Veteran's disability situation at the time he left employment in 1982, when his combined disability rating was only 30%, instead of his disability situation at the time he filed the claim in 1985, with diabetes rated as 40% and a combined rating of 70%.
- Claimed conditions
- diabetes mellitus, arthritis of both knees, scar on left wrist, peripheral neuropathy of both lower extremities
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- 100%
- Decision date
- August 10, 2011
- Citation
- 1129522
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 1129522.
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 Board denied service connection for diabetes mellitus, prostate cancer, visual impairment, hypertension, and erectile dysfunction due to lack of exposure to herbicide agents during service. The Veteran's claims were not granted.
- Remanded (sent back)
The Veteran's claims for service connection on the merits are being remanded due to new evidence and development needs. The maximum disability rating for tinnitus has already been assigned.
- Denied
The Board denied service connection for diabetes mellitus, prostate cancer, ischemic heart disease, right lower extremity peripheral artery disease, left lower extremity peripheral artery disease, and hypertension as the evidence did not establish an in-service event or exposure to herbicide agents.
- Granted
The Veteran's Special Monthly Compensation (SMC) based on the need for regular Aid and Attendance is granted as of April 25, 2024.,For diabetes mellitus, a rating in excess of 20 percent is denied.
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