The Board has remanded the case due to an issue of whether there is clear and unmistakable error (CUE) in a prior November 2004 rating decision that denied reopening the Veteran's claim for service connection for right knee injury. The issue of whether new and material evidence has been received to reopen the claim remains pending.
The deciding factor: The case was remanded due to an unresolved issue regarding CUE in a previous rating action, which is intertwined with the request to reopen the service connection claim.
- Claimed conditions
- Right knee injury
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- May 16, 2013
- Citation
- 1316112
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 1316112.
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.
- Remanded (sent back)
The Board has remanded the claims for service connection of back, left knee, and right knee injuries due to a lack of VA examinations.
- Granted
The Veteran was granted a total disability rating due to individual unemployability from December 2, 2019 to June 15, 2021 on an extraschedular basis.
- Granted
The Board has granted service connection for the Veteran's right knee injury, finding that his current condition is related to an in-service injury and resolving all doubt in favor of the Veteran.
- Remanded (sent back)
The Board has decided to remand the case due to insufficient evidence of a current diagnosis and requires a new VA examination to determine the nature and etiology of the Veteran's right knee condition.
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