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 assigned
- None in this 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. Look up the original decision on VA.gov (opens in a new tab) using citation A18000055.
What this means for you
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What you can do next
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