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 assigned
- None in this 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. Look up the original decision on VA.gov (opens in a new tab) using citation 23017868.
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 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.
- 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.
- 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.
- 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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