Wood v. Derwinski

MANKIN, Associate Judge:

Appellant challenges the effective date assigned by the Board of Veterans’ Appeals (BVA) for the award of total disability compensation based upon unemployability. Because we find that the BVA applied the wrong legal standard in assigning the effective date for appellant’s compensation we vacate the BVA decision and remand with instructions.

Appellant served in the United States Army from 1965 until 1968. He apparently began receiving disability compensation from the Army after being retired because of a back condition. See R. at 33. In 1981 a 40-percent rating was…