The Board has remanded the cases for adjudication of whether there was clear and unmistakable error (CUE) in the September 2001 rating decisions denying service connection for renal cyst and sickle cell trait, to include hematuria. The cases are also remanded to determine if new and material evidence has been received to reopen a claim of entitlement to service connection for a kidney disability.
The deciding factor: The Board found that the appeal for whether new and material evidence has been received to reopen a claim of entitlement to service connection for a kidney disability is inextricably intertwined with the raised motions of CUE in the September 2001 rating decision.
- Claimed conditions
- renal cyst (claimed as kidney problems), sickle cell trait, to include hematuria
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 28, 2019
- Citation
- 19181626
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 19181626.
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.
- Remanded (sent back)
The Board remands the issue of entitlement to service connection for sickle cell trait for further development and consideration.
- Remanded (sent back)
The Board remands all claims for service connection due to a failure to properly obtain and associate relevant private treatment records with the claims file.
- Denied
The Board has denied the Veteran's claim for service connection for sickle cell anemia, finding that his current condition is a congenital defect and not related to his military service. The appeal regarding TDIU was also remanded.
- Denied
The Veteran's service-connected Raynaud's-like syndrome is not manifested by characteristic attacks occurring at least 4 to 6 times per week, and therefore a higher initial rating of 10 percent or greater is not warranted.
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