The case is remanded to the RO for adjudication of a claim of clear and unmistakable error (CUE) in a prior rating decision that could affect eligibility for Dependency and Indemnity Compensation under 38 U.S.C.A. § 1318.
The deciding factor: The March 1990 informal claim was not properly adjudicated, potentially affecting the effective date of the veteran's total disability rating, which is necessary to establish entitlement to DIC under 38 U.S.C.A. § 1318.
- Claimed conditions
- Not specified in this decision
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- May 9, 2008
- Citation
- 0815394
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
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This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.