The Board has remanded the case for further action on whether a December 2010 rating decision denying dependency and indemnity compensation under 38 U.S.C. § 1151 was clearly and unmistakably erroneous, as well as to obtain relevant VA treatment records.
The deciding factor: The Board found that there were outstanding VA treatment records related to the May 2007 examination and computed tomography scan which have not been requested and must be obtained before adjudicating the clear and unmistakable error claim.
- Claimed conditions
- Not specified in this decision
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 29, 2019
- Citation
- 19190199
Veterans Law Judge
Decisions by this judge: 1,987 · Granted: 15% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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 19190199.
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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