The Veteran's claim for TDIU was denied in May 1979 due to the RO's incorrect application of the law, specifically regarding the use of 'permanently' in determining unemployability. The Board found that the correct facts were not considered and that there was clear and unmistakable error (CUE) in the decision.
The deciding factor: The May 1979 rating decision incorrectly applied the legal standard for TDIU, which requires a finding of 'permanently' unemployability. The Board found that the correct facts were not considered at the time, leading to CUE.
- Claimed conditions
- Anxiety neurosis, Left wrist fracture residuals
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- 70%
- Decision date
- December 15, 2017
- Citation
- 1758303
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 1758303.
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 anxiety neurosis and personality disorder on a direct basis, finding no relationship between the current condition and the nonratable personality disorder diagnosed during service.
- Granted
The Veteran's service connection for thyroid cancer is granted. The claim for SMC based on housebound status is denied.
- Remanded (sent back)
The Veteran's claim for service connection for anxiety neurosis was denied in 1973, and the denial is not considered clear and unmistakable error. The claim for PTSD has been reopened due to new evidence received since 1984, but service connection remains unresolved.
- Remanded (sent back)
The Board has remanded the case due to insufficient evidence regarding the cause of the Veteran's death and his psychiatric and heart conditions. The VA is required to obtain relevant medical records, including those from VA facilities and private doctors, and provide opinions on whether these conditions are related to service.
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