The July 1, 1980 rating decision discontinuing the Total Disability Rating for Compensation Purposes (TDIU) is reversed and the TDIU is restored from October 1, 1980. The Board found clear and unmistakable error in applying the wrong evidentiary standard.
The deciding factor: The evidence before the RO in July 1980 did not show a marked improvement in mental health symptoms as required by 38 C.F.R. § 3.343(c), leading to the conclusion that the Veteran was no longer unemployable, which is contrary to the findings of clear and unmistakable error.
- Claimed conditions
- Mental health disorder
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- 100%
- Decision date
- January 6, 2020
- Citation
- 20000865
Veterans Law Judge
Decisions by this judge: 2,200 · Granted: 43% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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 20000865.
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.
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- Granted
The Veteran's claim for service connection for PTSD was reopened due to the submission of new and material evidence. The appeal is granted as his PTSD is now considered service-connected.
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