The Board has referred the issue of whether there was clear and unmistakable error (CUE) in a January 2011 rating decision denying the Veteran's claim for a total disability based on unemployability (TDIU). The matter is remanded to allow the RO to decide this CUE issue before the Board can reach an appellate determination.
The deciding factor: The Board has referred the issue of whether there was clear and unmistakable error (CUE) in a January 2011 rating decision for TDIU to the RO for adjudication.
- Claimed conditions
- Not specified in this decision
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 1, 2019
- Citation
- 19175265
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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This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.