The Court of Appeals for Veterans Claims (Court) found that the Regional Office's (RO) discontinuation of total disability based on individual unemployability in the September 1982 rating decision was not based on the record and the law then existing. The RO discontinued the Veteran’s compensation for total disability based on individual unemployability, but the Court ruled this decision contained clear and unmistakable error (CUE). As a result, the Board ordered the reinstatement of the Veteran's TDIU rating with an effective date of December 1, 1982.
The deciding factor: The September 1982 rating decision was based on incorrect application of law regarding employability evidence required for total disability based on individual unemployability (TDIU).
- Claimed conditions
- Not specified in this decision
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 31, 2020
- Citation
- 20022203
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 20022203.
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
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