"2. An October 1999 rating decision implemented a September 1999 Board decision granting the Veteran an increased evaluation to 60 percent for degenerative disc disease (DDD) of the lumbosacral spine, lumbosacral strain, and degenerative joint disease (DJD) of the L3-L5 vertebrae, and a TDIU; these increased ratings became effective October 15, 1996. "
(The veteran died ,one month shy of the 38 USC 1318 DIC Ten year rule.)
"4. The October 1999 rating decision, in considering the evidence and law as it then existed at the time, committed clear and unmistakable error in arbitrarily assigning an effective date of October 15, 1996 for a permanent and total rating for the Veteran's service connected disabilities instead of September 12, 1996, which was the actual date VA received his claim for a rating increase; this error is undebatable and the outcome of the claim would have manifestly changed had it not been made."
"ORDER
Entitlement to service connection for the Veteran's cause of death is denied.
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Berta
In part:
"2. An October 1999 rating decision implemented a September 1999 Board decision granting the Veteran an increased evaluation to 60 percent for degenerative disc disease (DDD) of the lumbosacral spine, lumbosacral strain, and degenerative joint disease (DJD) of the L3-L5 vertebrae, and a TDIU; these increased ratings became effective October 15, 1996. "
(The veteran died ,one month shy of the 38 USC 1318 DIC Ten year rule.)
"4. The October 1999 rating decision, in considering the evidence and law as it then existed at the time, committed clear and unmistakable error in arbitrarily assigning an effective date of October 15, 1996 for a permanent and total rating for the Veteran's service connected disabilities instead of September 12, 1996, which was the actual date VA received his claim for a rating increase; this error is undebatable and the outcome of the claim would have manifestly changed had it not been made."
"ORDER
Entitlement to service connection for the Veteran's cause of death is denied.
Entitlement to 38 U.S.C. § 1318 DIC is granted."
http://www.index.va.gov/search/va/view.jsp?FV=http://www.va.gov/vetapp12/Files6/1242538.txt
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