The case is remanded to address a potential claim of clear and unmistakable error in a previous rating decision that reduced the evaluation for left quadriceps strain, which may impact the effective date of the increased disability rating.
The deciding factor: The issues are intertwined due to the possibility of CUE in the prior rating decision affecting the effective date determination.
- Claimed conditions
- left quadriceps strain
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 24, 2009
- Citation
- 0906728
Veterans Law Judge
Decisions by this judge: 2,156 · Granted: 29% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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 0906728.
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.
- Granted
The Board has granted service connection for a left quadriceps strain, finding that the Veteran's current condition is etiologically related to his in-service injury.
- Granted
The Board has granted the Veteran's claims for service connection for a left foot condition and left quadriceps strain, finding that there is at least an approximate balance of positive and negative evidence regarding these conditions and their causality to service.
- Denied
The Board found no evidence to support the appellant's claims of service connection for left quadriceps strain, tension headaches, neck disability, mid-back disability, and low back disability. The claims were denied as there was not a clear preponderance of the evidence supporting these conditions.
- Denied
The Board denied the Veteran's claim for an effective date earlier than August 31, 2003, for a 10% disability evaluation for service-connected left quadriceps strain. The earliest possible effective date was assigned based on when the disability may have first met the criteria for a 10% rating.
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