The Veteran's claim for TDIU benefits was denied in February 2008, but the Board found that there was clear and unmistakable error (CUE) in the February 1979 rating decision. The criteria for TDIU benefits are met from January 1, 1978 through July 13, 1978.
The deciding factor: The RO erroneously applied a prospective analysis for TDIU benefits under 38 C.F.R. § 4.16(a), which required permanent unemployability. The Board found that the error changed the outcome as the Veteran was shown to be unable to secure or follow a substantially gainful occupation due to his service-connected disabilities prior to July 14, 1978.
- Claimed conditions
- left knee disability, ulnar nerve palsy (left arm), osteomyelitis of the left proximal tibia
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 70%
- Decision date
- November 8, 2012
- Citation
- 1238211
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 1238211.
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.
- Remanded (sent back)
The Veteran's appeal is remanded for additional development, including a new VA examination to assess his bilateral knee and hip disabilities.
- Partly granted
The Board has not made a final determination on the claims of service connection for inguinal hernia, PTSD, joint pain, fibromyalgia, left knee disability, right knee disability, tinnitus, chronic fatigue syndrome, respiratory disability, sleep disorder, IBS, and headaches. The claims are remanded to obtain additional evidence and determine if these conditions are related to service.
- Remanded (sent back)
The Board has decided to remand the case due to insufficient rationale in the July 2012 VA examination for the Veteran's left knee disability, and a new addendum opinion is needed.
- Dismissed
The Board has dismissed the Veteran's claims for service connection for left knee disability, right knee disability, lumbar spine disability, and obstructive sleep apnea (OSA) as these issues have been addressed in a separate docket.
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