The case is being remanded to address a claim of clear and unmistakable error (CUE) in prior rating decisions that denied the Veteran service connection for cardiovascular disability, which is inextricably intertwined with the earlier effective date issue on appeal.
The deciding factor: The decision was based on the need to address an interwoven CUE claim before considering the effective date of the grant of service connection and a 60 percent rating for hypertensive cardiovascular disease.
- Claimed conditions
- hypertensive cardiovascular disease
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 5, 2009
- Citation
- 0908097
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 granted service connection for the Veteran's cause of death, finding that his hypertensive cardiovascular disease began during service.
- Partly granted
The Board denied service connection for bilateral sensorineural hearing loss and remanded the claims for other conditions due to insufficient evidence.
- Remanded (sent back)
The Board remands the claim for a heart disability, to include hypertensive cardiovascular disease and myocardial ischemia, as the November 2023 VA examination is inadequate.
- Remanded (sent back)
The Board remands the claim for service connection of the cause of the Veteran's death to obtain a medical opinion under the PACT Act due to the Veteran's exposure at Camp Lejeune.
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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.