The Veteran's appeal is being remanded due to the need for further development regarding an earlier effective date for a 100 percent evaluation for organic mood disorder and organic amnestic disorder as a residual of head trauma. The issue involves determining if there was clear and unmistakable error in a previous rating decision.
The deciding factor: The appeal is being remanded to address the allegation of clear and unmistakable error in the March 12, 1996, rating decision that confirmed and continued a previous 50 percent evaluation.
- Claimed conditions
- organic mood disorder, organic amnestic disorder
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 4, 2013
- Citation
- 1300347
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 1300347.
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 Board denied the Veteran's claims for SMC based on aid and attendance and housebound status, finding that he did not require regular aid and assistance or be permanently housebound due to his service-connected conditions. The decision also noted that non-service-connected disabilities contributed to his limitations.
- Remanded (sent back)
The Board has granted an effective date of December 23, 1993 for the award of service connection for PTSD and related conditions. The issue of whether there was clear and unmistakable error in the April and September 1994 rating decisions is dismissed as moot due to the grant of earlier effective date. The TDIU claim remains pending.
- Denied
The Board denied the Veteran's claims for earlier effective dates for service connection and TDIU, finding no clear and unmistakable error in the March 2009 decision and concluding that new evidence would not have changed the outcome.
- Remanded (sent back)
The Veteran's appeal is being remanded due to the need for additional medical examinations and opinions regarding his acquired psychiatric disorders, including TBI, PTSD, and bipolar disorder. The claims are currently pending.
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