The Veteran's appeal is remanded due to the inextricability of his claim for CUE and an earlier effective date. The AOJ should reconsider both issues with consideration of the CUE issue regarding the November 2005 rating decision.
The deciding factor: The claims are inextricably intertwined, as a finding of CUE would render moot any legal argument for an earlier effective date.
- Claimed conditions
- Not specified in this decision
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- August 30, 2019
- Citation
- 19167575
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 19167575.
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
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.