The Board has decided that the claim of entitlement to a total disability rating based on individual unemployability (TDIU) prior to February 2, 2019 is remanded due to an intertwined motion for clear and unmistakable error in a previous decision. The matter will be adjudicated again once the CUE motion is finally decided.
The deciding factor: The Board has found that there is an unresolved motion for clear and unmistakable error (CUE) in a previous rating decision, which requires final resolution before deciding the current claim on appeal.
- Claimed conditions
- unspecified
- How they argued it
- Not specified
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- March 22, 2023
- Citation
- 23017868
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 23017868.
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: Denied
The Veteran's claim for a total disability rating based on unemployability due to service-connected disabilities was denied as she is not service connected for any disabilities.
- Whole decision: Granted
The Veteran's TDIU rating is granted from February 1, 2010, as this was the date he stopped working due to his service-connected disabilities.
- Whole decision: Granted
The Board has reinstated the Veteran's entitlement to a Total Disability Rating Based on Individual Unemployability (TDIU) due to disagreement over the weight of evidence indicating that his service-connected disabilities do render him unable to maintain gainful employment.
- Whole decision: Remanded (sent back)
The Board has remanded the case due to an error in failing to obtain a VA opinion regarding the functional impact of any side effects from medication used to treat service-connected disabilities, which may affect the Veteran's ability to work.
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