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
- Not verified here — check the original 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. Read the original VA decision (opens in a new tab) using citation 20022203.
What this means for you
A grant means the Board allowed the benefit or issue identified in this decision. Review the original order: other issues in the same appeal may have a different outcome, and this decision does not predict another claim.
What you can do next
Use your own notice and decision stage. A remanded issue is not a final court-appealable denial. VA review guidance and CAVC filing instructions (U.S. federal; reviewed October 7, 2026).
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Whole decision: Remanded (sent back)
The Board has remanded the case due to the need for additional development, including obtaining SSA records and providing proper notice regarding secondary service connection.
- Whole decision: 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.
- Whole decision: Granted
The Veteran's claim for service connection of a left leg disability is reopened, and the appeal is granted.
- Whole decision: Partly granted
The Board has not made a final determination on the claims of service connection for inguinal hernia, PTSD, joint pain, fibromyalgia, left knee disability, right knee disability, tinnitus, chronic fatigue syndrome, respiratory disability, sleep disorder, IBS, and headaches. The claims are remanded to obtain additional evidence and determine if these conditions are related to service.
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