The Board has remanded the Veteran's claims for service connection due to a determination of CUE in the October 2006 rating action.
The deciding factor: The RO committed clear and unmistakable error (CUE) in its final October 2006 rating action by failing to obtain outstanding VA treatment records and improperly weighing the evidence.
- Claimed conditions
- joint pain (claimed as arthritis), neck disability, bilateral leg disability
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 9, 2020
- Citation
- 20065903
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.
- Denied
The Board denied service connection for multiple conditions, including bilateral hearing loss and various musculoskeletal issues, as well as an initial rating in excess of 0 percent for rhinitis. However, the Board granted a 70 percent rating for posttraumatic stress disorder (PTSD).
- Remanded (sent back)
The Board remands the claims for service connection for various disabilities to the AOJ for further development and consideration of evidence not previously considered.
- Dismissed
The appeal was dismissed due to the Veteran's death, as an appellant's claim does not survive their death.
- Denied
The Veteran was awarded service connection for allergic rhinitis based on the PACT Act, but an earlier effective date prior to August 10, 2022, is not warranted.
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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.