The Veteran's motion to establish clear and unmistakable error with regards to the mooting of a TDIU in a December 1979 rating decision is denied as a matter of law.,The Veteran's motion to establish clear and unmistakable error with regards to the improper application of 38 C.F.R. 3.343(a) in the reduction of a rating for a psychiatric disorder from 100 percent to 50 percent in a December 18, 1980, rating decision is denied.
The deciding factor: The Veteran's assertion of clear and unmistakable error regarding the December 1979 rating decision as a result of the improper withdrawal of his TDIU claim after a total schedular rating was assigned is denied as a matter of law.,There was sufficient evidence to support reducing the Veteran’s psychiatric disorder from a total rating to a 50 percent rating under 38 C.F.R. § 3.343(a).
- Claimed conditions
- Psychiatric disorder
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- December 4, 2018
- Citation
- A18000055
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. Read the original VA decision (opens in a new tab) using citation A18000055.
What this means for you
A final Board denial may be appealed to the U.S. Court of Appeals for Veterans Claims, generally within 120 days of the Board mailing date. A Supplemental Claim with new and relevant evidence is a separate option. Another Higher-Level Review of the Board decision is not available. Check your own notice: this historical decision does not set your deadline.
What you can do next
Use your own notice and decision stage. A remanded issue is not a final court-appealable denial. VA review guidance and CAVC filing instructions (U.S. federal; reviewed October 7, 2026).
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Whole decision: Remanded (sent back)
The Board has remanded the claims of service connection for psychiatric disorder, right shoulder condition, and right knee condition due to duty-to-assist errors.
- Whole decision: Remanded (sent back)
The Board has remanded the claim of entitlement to service connection for erectile dysfunction due to insufficient evidence or further clarification.
- Whole decision: Remanded (sent back)
The Board has decided to remand the case due to an inadequate VA examination and opinion regarding the relationship between the Veteran's current psychiatric condition, including PTSD, and service. The Veteran is also not entitled to a rating or effective date as this matter is being remanded.
- Whole decision: Granted
The Veteran's peripheral neuropathy of the right upper extremity is granted as service connected. The left knee disability and psychiatric disorder are remanded for further development.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.