The Board denied the Veteran's claims for an earlier effective date for his TDIU and CUE, finding no clear and unmistakable error in the April 1999 rating decision.
The deciding factor: The evidence did not establish that there was a clear and unmistakable error in the assignment of January 27, 1999 as the effective date for the grant of TDIU.
- Claimed conditions
- lumbar disorder, schizophrenia, right-sided hearing loss
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 6, 2018
- Citation
- 18155802
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 18155802.
What this means for you
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What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Veteran's schizophrenia is rated at 70 percent, indicating significant impairment in work and social functioning.
- Dismissed
The Board dismissed the claims for an effective date prior to August 18, 2016, for a 100 percent disability rating for schizophrenia and for spousal SMC for aid and attendance. The Veteran's claim was erroneously adjudicated by the AOJ and constitutes a free-standing earlier effective date claim.
- Remanded (sent back)
The Board has found that the Appellant's discharge from service is not a bar to VA compensation benefits, but it was an error in fulfilling VA's duty to assist not to obtain a medical opinion addressing the extent of any psychiatric symptoms during service and their effect on the Appellant's behavior. The matter is therefore remanded for further action.
- Remanded (sent back)
The Board has granted service connection for bilateral pes planus. The Veteran's lumbar disorder and bilateral lower extremity radiculopathy are now secondary to his service-connected diabetes mellitus, type II. However, the Board finds that he may be entitled to service connection for a lumbar disorder and bilateral lower extremity radiculopathy as due to his bilateral pes planus. The case is remanded for further action.
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