The Board has determined that there was clear and unmistakable error in assigning an earlier effective date for the grant of service connection for left upper extremity weakness, left lower extremity weakness, and chronic kidney disease with hypertension. The Veteran's claims are remanded to obtain a new rating decision.,Additional examinations are needed to address the severity of the Veteran's sleep apnea, bilateral hearing loss, and TDIU prior to November 16, 2021.
The deciding factor: The effective dates for service connection were changed due to clear and unmistakable error (CUE).
- Claimed conditions
- weakness of the left upper extremity, weakness of the left lower extremity, chronic kidney disease with hypertension
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 5, 2023
- Citation
- 23020958
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 23020958.
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 the claims for increased ratings for chronic kidney disease with hypertension and right knee disability, as well as remanded the claim for a higher rating for right knee disability prior to November 11, 2021.
- Remanded (sent back)
The Board remands the claims for service connection for a skin condition, sleep apnea, and an initial rating in excess of 30 percent for chronic kidney disease with hypertension to correct pre-decisional duty to assist errors.
- Partly granted
The Board granted an earlier effective date of December 1, 2011, for initial disability ratings and eligibility for Dependents' Educational Assistance (DEA) but denied earlier effective dates or increased ratings for other conditions.
- Granted
The Veteran's service-connected disabilities have precluded him from obtaining or engaging in substantially gainful employment since August 29, 2016.
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