The Veteran is seeking effective dates for various disability evaluations and SMC based on claims of CUE in specific rating decisions. The issues have been remanded to clarify the contentions and recount the former criteria used at the time of these decisions.
The deciding factor: The decision has been remanded due to unclear application of former criteria in the original rating decisions.
- Claimed conditions
- Meniere's disease, HIV-related illness
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 28, 2019
- Citation
- 19114760
Veterans Law Judge
Decisions by this judge: 2,316 · Granted: 43% (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 19114760.
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.
- Dismissed
The Veteran's appeals for increased ratings in excess of 30 percent for peripheral vestibular disorders (Meniere's disease) and unspecified somatic symptom and related disorder have been dismissed due to the Veteran's withdrawal of the claims prior to a decision being made.
- Dismissed
The Board dismissed all appeals for service connection and increased rating claims due to untimely Notice of Disagreement submissions.
- Remanded (sent back)
The Board has decided to remand the case due to inadequate medical opinions regarding whether the Veteran's Meniere's disease is caused by or aggravated by his service-connected hearing loss and/or tinnitus.
- Remanded (sent back)
The appeal is remanded due to inadequate notice and the need for an adequate medical opinion regarding eligibility for PCAFC benefits. The claim will be evaluated under the correct statutory criteria set forth in 38 U.S.C. § 1720G(a).
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