The veteran's claims for earlier effective dates for service connection and TDIU are being remanded due to the need to address a potential CUE in an RO rating decision from May 1974.
The deciding factor: The Board finds that the claim of clear and unmistakable error (CUE) in the May 1974 rating decision is intertwined with the current claims for earlier effective dates, necessitating their deferred adjudication.
- Claimed conditions
- postgastrectomy syndrome, postoperative peptic ulcer disease
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- July 27, 2006
- Citation
- 0622186
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 0622186.
What this means for you
A remand is not a loss. The Board sent the case back for more development — often a new exam or missing records — before making a final decision. Many remands later end in a grant, and the decision spells out exactly what the Board wanted to see.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Partly granted
The veteran's postgastrectomy syndrome was rated at 20 percent from February 8, 1999 to August 20, 2003. From August 21, 2003 onwards, the rating was increased to 40 percent.
- Denied
The veteran's claim for an increased rating of postgastrectomy syndrome was denied as the disability picture more closely approximates a 40 percent rating.
- Denied
The Board has determined that the veteran's postgastrectomy syndrome does not warrant a rating in excess of 20 percent, as it is currently manifested by complaints of epigastric distress without evidence of diarrhea or weight loss.
- Denied
The Board denied the veteran's claim for an increased rating for postgastrectomy syndrome, finding that his condition did not meet the criteria for a higher disability rating.
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