The Board has remanded the claims for further development due to an issue of clear and unmistakable error (CUE) in a prior rating decision. The AOJ should determine if there is CUE in the January 2010 rating decision regarding the Veteran's residuals of SFW of the right thigh and hip area with retained foreign bodies and involvement of Muscle Groups XV and XVII.
The deciding factor: The Board found that the claims on appeal are intertwined with a claim of clear and unmistakable error (CUE) in a prior rating decision. The AOJ should determine if there is CUE in the January 2010 rating decision regarding the Veteran's residuals of SFW of the right thigh and hip area with retained foreign bodies and involvement of Muscle Groups XV and XVII.
- Claimed conditions
- residuals of shell fragment wounds (SFW) of the right thigh and hip area with retained foreign bodies and involvement of Muscle Groups XV and XVII
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- February 11, 2021
- Citation
- 21007919
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. Read the original VA decision (opens in a new tab) using citation 21007919.
What this means for you
A remand sends an issue back for more development, often a new examination or missing records. It does not award the benefit or decide the final outcome. The original decision explains the additional work ordered.
What you can do next
Use your own notice and decision stage. A remanded issue is not a final court-appealable denial. VA review guidance and CAVC filing instructions (U.S. federal; reviewed October 7, 2026).
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Whole decision: Remanded (sent back)
The Veteran's claims for increased ratings, separate evaluations, and an earlier effective date are being remanded due to the failure to appear for a scheduled videoconference hearing. The CUE claim is also inextricably intertwined with these issues.
- Whole decision: Denied
The Board denied the veteran's claims for increased ratings for his service-connected lumbar myositis, psychoneurosis and conversion hysteria, residuals of shrapnel wounds of the left thigh and pelvis with retained foreign bodies and scars, and residuals of shell fragment wounds of the right thigh and left leg. The veteran was also denied entitlement to a total disability rating based on individual unemployability due to service-connected disabilities.
- Whole decision: Denied
The Board denied the Veteran's claim for an initial evaluation in excess of 10 percent for his service-connected coronary artery disease, finding that the evidence did not support a higher rating based on the severity of his condition.
- Whole decision: Denied
The Veteran's service-connected musculoligamentous strain, right knee, is currently rated at 10 percent and the Board finds that a higher rating is not warranted.
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