The Board has dismissed the issue of whether there was clear and unmistakable error (CUE) in a December 26, 2000 RO rating decision to assign an effective date of August 16, 2000 for service connection for left knee disability. The case is REMANDED for consideration of the specific CUE issue regarding whether there was CUE in a March 15, 2002 RO rating decision assigning a 10 percent rating for the service connected left knee disability.
The deciding factor: The Board has dismissed the issue of CUE in the December 26, 2000 effective date determination and is now REMANDED to address the specific CUE claim regarding the March 15, 2002 rating decision for a 10 percent disability rating.
- Claimed conditions
- left knee anterior cruciate ligament repair
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 22, 2019
- Citation
- 19130728
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
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