The Veteran is seeking an earlier effective date for the assignment of a disability rating higher than 30 percent for discoid lupus erythematous based on clear and unmistakable error (CUE) in the July 2016 rating decision.,The Veteran also seeks an earlier effective date for the assignment of a disability rating in excess of 30 percent for discoid lupus erythematosus.
The deciding factor: The claim for CUE must first be considered by the AOJ before the Board can adjudicate it.
- Claimed conditions
- discoid lupus erythematosus
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 20, 2021
- Citation
- 21075278
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 21075278.
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 has remanded the Veteran's claim of service connection for lupus and discoid lupus erythematosus due to potential exposure through a toxic exposure risk activity (TERA) in service, including as a fire support specialist. The Veteran will be provided with an examination to determine if his conditions are related to service.
- Granted
Effective August 26, 2023, the Veteran's appeal for special monthly compensation at the rate intermediate between 38 U.S.C. 1114(m) and 38 U.S.C. 1114(n) (M12) is granted, subject to law and regulations governing the award of monetary benefits. Additionally, a 30 percent rating for service-connected migraines is granted effective August 26, 2023.
- Remanded (sent back)
The Board has denied service connection for bilateral hearing loss and remanded the claim of service connection for discoid lupus erythematosus.
- Granted
The Board has granted service connection for discoid lupus erythematosus as a qualifying chronic diagnosable MUCMI of unknown etiology in a Persian Gulf War veteran. The Veteran's disability is characterized by symptoms including muscle and joint pain, fatigue, rashes, and spots on his arms, and requires the use of corticosteroids for treatment for periods of at least 6 weeks.
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