The Veteran would have been in receipt of a total disability rating based on individual unemployability for at least 10 years immediately preceding his death but for clear and unmistakable error (CUE) in the June 2003 VA rating decision. As such, the criteria for DIC benefits under 38 U.S.C. § 1318 are satisfied.
The deciding factor: The Veteran met the schedular threshold for TDIU consideration during a period of time that included February 28, 2001, and continuously up through the date of claim (February 28, 2002).
- Claimed conditions
- traumatic arthritis of the right knee, meniscal tear of the left knee, left shoulder degenerative changes, low back pain, left knee arthritis, left hip pain, right shoulder rotator cuff muscle tear
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 70%
- Decision date
- September 29, 2017
- Citation
- 1743701
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 1743701.
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 claim for service connection of a low back disability was reopened due to the submission of new and material evidence. The claim is denied as there is no evidence that the current condition is related to service.
- Remanded (sent back)
The Board has decided to remand the Veteran's claims for heart disease, hypertension, kidney disease, and low back pain due to potential errors in duty to assist. The AOJ is required to verify the Veteran's alleged exposure to herbicide agents and obtain private treatment records.
- Partly granted
The claims for service connection for hypertension, back pain, right hip pain, left hip pain, right knee pain, and left knee pain have been readjudicated. The claim for sleep apnea has also been readjudicated.,Service connection has been granted for a neck condition, back pain, right hip pain, left hip pain, right knee pain, left knee pain, an acquired psychiatric disorder, bruxism, and vertigo.
- Dismissed
The Veteran withdrew her appeal regarding the service connection for left and right knee arthritis, thus the appeal is dismissed.
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