The Veteran is seeking an earlier effective date for a total disability rating based on individual unemployability (TDIU). The case has been remanded due to the need to address whether there was clear and unmistakable error in a January 2002 rating decision that failed to consider TDIU.
The deciding factor: The issue of CUE in the January 2002 rating decision is intertwined with the earlier effective date issue, necessitating separate adjudication first.
- Claimed conditions
- Renal disease
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- June 17, 2009
- Citation
- 0922835
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 0922835.
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.
- Denied
The Veteran's service-connected disabilities did not prevent him from securing or following substantially gainful employment prior to February 13, 2020.
- Dismissed
The Veteran's appeal for service connection for GERD was dismissed due to his withdrawal of the appeal. The claims for bilateral hearing loss, calculus of the kidney, and renal disease were denied as they did not meet the criteria for service connection. The claim for sleep apnea (secondary to diabetes mellitus) is remanded.
- Denied
The Board denied the appellant's claim for service connection for the cause of the Veteran's death because there was no evidence showing a relationship between his service, service-connected disability (PUD), and his cause of death.
- Partly granted
The Veteran's claims for service connection for renal disease and hypertension have been denied. The claim for hypertension has been reopened due to the submission of new evidence, but remains denied.
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