The Board denied an earlier effective date for the award of a total disability rating due to individual unemployability (TDIU) due to clear and unmistakable error (CUE) in an August 1995 rating decision, finding that there was no CUE and that the correct facts were not before VA or the statutory or regulatory provisions were incorrectly applied.
The deciding factor: The Board found that there was no showing of CUE in the August 1995 rating decision regarding the effective date for TDIU due to the lack of evidence demonstrating unemployability prior to January 16, 1992.
- Claimed conditions
- Right femur disability
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 7, 2020
- Citation
- 20010440
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 20010440.
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Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The Veteran's claims for a higher rating for his right knee disability and service connection for lower back and neck disabilities are remanded due to outstanding VA treatment records.,The Veteran's claims for service connection for radiculopathy of the lower extremities and right femur disability, as well as compensation under 38 U.S.C. § 1151 for a penile disability, are also remanded due to outstanding medical records and further examination is needed.,The Veteran's claim for bilateral loss of sight secondary to his penile implant surgery is being remanded in conjunction with the other claims.,,,
- Remanded (sent back)
The Board has remanded the cases for additional development due to incomplete examinations and missing records.
- Remanded (sent back)
The Board has remanded the cases for further development and examination to assess the severity of the Veteran's right femur disability, tension headaches, and TDIU prior to May 23, 2016.
- Remanded (sent back)
The Board has remanded several issues related to the Veteran's service-connected disabilities, including increased ratings for low back strain and right femur disability, as well as an earlier effective date for shortening of the right lower extremity. The Veteran is required to provide updated VA treatment records and undergo VA examinations.
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