The Board has determined that there was clear and unmistakable error in the February 1991 rating decision denying service connection for psychosis or a nervous condition, as the disability existed prior to service and was aggravated by service. The Veteran's psychotic disorder and/or schizophrenia are now granted.
The deciding factor: The misapplication of law in the February 1991 rating decision manifestly changed the outcome, finding that the presumption of soundness could not be rebutted due to clear evidence of pre-service onset and aggravation during service.
- Claimed conditions
- psychosis, nervous condition, chronic psychotic disorder, schizophrenia
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 100%
- Decision date
- January 14, 2014
- Citation
- 1401948
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 1401948.
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.
- Denied
The Board denied the appellant's motion to revise a September 1949 rating decision that denied service connection for a nervous condition, finding no CUE and concluding the denial was not erroneous.
- 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.
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