The Board has granted an increased amount of DIC benefits under 38 U.S.C. § 1311(a)(2) for the Veteran's total disability rating due to individual unemployability (TDIU), which was in effect until his death, as it found that the termination of TDIU on September 1986 Board decision constituted CUE.
The deciding factor: The Board determined that the September 1986 Board decision failed to apply the correct legal standard under 38 C.F.R. § 3.343(c), which requires caution when reducing a rating of 100 percent service-connected disability based on individual unemployability.
- Claimed conditions
- Subtotal gastrectomy, duodenal ulcer, post-traumatic stress disorder (PTSD), incision hernia, malaria, left humerus fracture, abrasions
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- February 28, 2024
- Citation
- 24009505
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 24009505.
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
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The Board has decided to remand the case due to insufficient detail in a previous VA medical opinion regarding whether malaria or scarlet fever during service contributed to the Veteran's death. The case must be returned for further evaluation.
- Remanded (sent back)
The Board has determined that new and relevant evidence has been submitted for the claim of entitlement to TDIU, which is being remanded. The issue of service connection for obstructive sleep apnea is also being remanded due to conflicting medical opinions.
- Remanded (sent back)
The Board has decided to remand the claims for service connection for depression, other specified trauma- and stressor-related disorder with alcohol use disorder, severe, and PTSD due to inadequate medical opinions provided by VA examiners.
- Denied
The Veteran's initial compensable rating for left ear hearing loss and a higher rating for PTSD are both denied.
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