The Board has decided to remand the cases for additional development and review, including obtaining missing VA records and addressing the claim of CUE in prior rating decisions.
The deciding factor: The claims are inextricably intertwined with the CUE claim, so they must be deferred until that issue is resolved.
- Claimed conditions
- Psychiatric disability
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- June 13, 2019
- Citation
- 19145885
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.
- Partly granted
The Board granted an initial 100 percent rating for psychiatric disability and Meniere's disease, but denied SMC based on the need for regular aid and attendance.
- Partly granted
The Board granted initial ratings of 70 percent for a psychiatric disability, 40 percent for a low back disability, and 20 percent each for bilateral lower extremity radiculopathy involving the sciatic nerve and femoral nerve. The claim for an initial rating greater than 30 percent for irritable bowel syndrome was denied.
- Denied
The Board denied the Veteran's claim for an earlier effective date for the 70 percent rating for his service-connected psychiatric disability, finding that May 9, 2022, was the earliest date as of which it was factually ascertainable based on all evidence of record that an increase in disability had occurred.
- Partly granted
The Board denied higher initial ratings for the Veteran's psychiatric and right shoulder disabilities, but granted SMC based on aid and attendance as of February 9, 2023.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.