The Board has vacated its previous decision dismissing the motion for revision of a February 13, 2019, decision based on clear and unmistakable error (CUE), and will now address the Veteran's claim regarding entitlement to higher level SMC.
The deciding factor: The Board found that there was no final February 13, 2019, decision as to the increased ratings issues, which led to the dismissal of the CUE motion.
- Claimed conditions
- multiple sclerosis, bowel dysfunction, optic neuritis, right lower extremity weakness
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- August 6, 2020
- Citation
- 20052386
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 20052386.
What this means for you
A partial grant means some issues were granted while others were denied or remanded — common in multi-issue claims. Look at which issues went which way, and how each was argued.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The Board has denied service connection for contact dermatitis, multiple sclerosis, and eye disorder due to lack of current diagnoses. The claims are remanded as there were pre-decisional duty-to-assist errors in the original decision.
- Granted
The Veteran's service-connected conditions, including chronic fatigue syndrome following non-Hodgkin's lymphoma, have resulted in profound functional impairment requiring the regular aid and attendance of another person. The Board granted special monthly compensation based on need for aid and attendance.
- Granted
The Veteran's service connection claims for PTSD, alcohol and cocaine abuse disorder, and multiple sclerosis are all granted. The claim for multiple sclerosis is based on a current diagnosis within the 7-year presumptive period after separation from service.
- Granted
The Board has determined that the July 1, 2020, VA Form 9 was timely filed and thus grants the appeal for the evaluation of service-connected PTSD, total disability rating based on individual unemployability (TDIU), and service connection for erectile dysfunction, diabetes, and multiple sclerosis.
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