The Board has revised the effective date of a 100% evaluation for lupus from November 30, 2005 to May 18, 2009 due to clear and unmistakable error in assigning an earlier effective date.
The deciding factor: The increase in severity of lupus such that a 100% rating was warranted occurred as early as November 2005, but the claim for this increased evaluation was not received until May 18, 2009. The Board's decision contained legal error in assigning an earlier effective date.
- Claimed conditions
- lupus
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 100%
- Decision date
- October 17, 2019
- Citation
- 19179101
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.
- Remanded (sent back)
The Board remands the claim for service connection for lupus to correct a duty to assist error related to an inadequate VA addendum opinion.
- Denied
The Board denied benefits for spina bifida and other covered birth defects as the Appellant does not have a diagnosis of spina bifida, and her mother is not a Vietnam Veteran.
- Partly granted
The Board granted readjudication of the claims for service connection for lupus, an acquired psychiatric disorder, a skin disorder, and a respiratory condition due to new and material evidence being submitted since the last final denial.
- Denied
The Board denied service connection for obesity, a compensable initial rating for bilateral hearing loss disability, an increased rating for tinnitus, and an increased rating for PTSD. The issues of service connection for various disabilities were remanded.
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