Remanded (sent back)
The Board has remanded the issues of whether there was clear and unmistakable error (CUE) in a December 2003 rating decision that denied entitlement to service connection for swelling of the back of the brain, as well as the earlier effective date claims for hydrocephalus with SIADH, surgical burr hole, and obstruction of the sylvius. The issues are remanded until the adjudication of the CUE claim.
The deciding factor: The Board lacks jurisdiction over the CUE claim and must refer it back to the RO for first-instance adjudication.
- Claimed conditions
- swelling of the back of the brain, hydrocephalus with syndrome of inappropriate anti-diuretic hormone (SIADH), surgical burr hole, right frontoparietal region, obstruction of the sylvius as result of operation on the skull
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 7, 2020
- Citation
- 20000885
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.