The Board has determined that there was clear and unmistakable error in the August 1978 rating decision, which did not provide additional ratings for muscle damage to Muscle Groups IX and XIX. The Veteran's thoracolumbar spine disability, psychiatric disability (PTSD), left ulnar palsy, and left leg paresis and spasticity are all at issue.
The deciding factor: The August 1978 rating decision did not apply the correct diagnostic criteria to the evidence of record for muscle damage affecting Muscle Groups IX and XIX.
- Claimed conditions
- Scars, Thoracolumbar spine disability, Psychiatric disability, Left ulnar palsy, Left leg paresis and spasticity
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- July 6, 2015
- Citation
- 1528883
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 1528883.
What this means for you
A partial grant means some issues were granted while others were denied or remanded — common in multi-issue claims. Look at which issues went which way, and how each was argued.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Board denied the Veteran's motion to revise the May 2013 rating decision that denied a TDIU, finding no clear and unmistakable error.
- Denied
The Veteran's psychiatric disability is currently rated at 30 percent, which is the lowest possible rating under the General Rating Formula for Mental Disorders. The Board found that his symptoms did not warrant a higher rating as they were intermittent and did not significantly impair his occupational or social functioning.
- Denied
The Veteran's claim for an increased rating of his psychiatric disability was the initial decision, and thus attorney fees are not eligible based on past due benefits awarded in April 2025.
- Dismissed
The Veteran's service-connected psychiatric disability has been rated at 100 percent, and he is already receiving special monthly compensation (SMC) under the provisions of 38 U.S.C. § 1114(s). Therefore, there remains no issue for the Board to resolve regarding entitlement to Total Disability due to Individual Unemployability (TDIU).
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