The Board has remanded the Veteran's claims for entitlement to an earlier effective date for a service-connected right bicep tear without attachment, service connection for left knee pain, and total disability due to individual unemployability (TDIU) due to issues of CUE in prior rating decisions and additional evidence received since the August 2017 SOC.
The deciding factor: The Board found that there was a need to consider whether there was clear and unmistakable error in a prior rating decision regarding the Veteran's right bicep tear without attachment, as well as additional medical records related to his left knee pain. The issues of CUE and new evidence are intertwined with the claims for service connection and TDIU.
- Claimed conditions
- right bicep tear without attachment, left knee pain
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- March 22, 2019
- Citation
- 19121135
Veterans Law Judge
Decisions by this judge: 2,156 · Granted: 29% (granted or partly granted, in the indexed 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. Read the original VA decision (opens in a new tab) using citation 19121135.
What this means for you
A remand sends an issue back for more development, often a new examination or missing records. It does not award the benefit or decide the final outcome. The original decision explains the additional work ordered.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Partly granted
The claims for service connection for hypertension, back pain, right hip pain, left hip pain, right knee pain, and left knee pain have been readjudicated. The claim for sleep apnea has also been readjudicated.,Service connection has been granted for a neck condition, back pain, right hip pain, left hip pain, right knee pain, left knee pain, an acquired psychiatric disorder, bruxism, and vertigo.
- Dismissed
The appeal for left arm condition is dismissed. The Veteran's claims for right knee disability, headaches, left elbow pain, and left knee pain are all granted.
- Granted
The Veteran's claims for service connection and increased ratings have been granted, with effective dates ranging from January 1, 2016 to October 30, 2014. The appeal for an earlier effective date for a 20% rating for left lower extremity neuropathy has been dismissed.
- Dismissed
The Board has dismissed the appeal due to the appellant's withdrawal of the appeal.
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