The Veteran is seeking an earlier effective date for the grant of service connection for diverticulitis with irritable bowel syndrome based on clear and unmistakable error (CUE) in a previous rating decision. The AOJ failed to address the CUE contentions in its initial decision, so the case must be remanded.
The deciding factor: The AOJ did not address the Veteran's arguments regarding CUE in its initial decision.
- Claimed conditions
- diverticulitis, irritable bowel syndrome
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 10, 2024
- Citation
- A24065284
Veterans Law Judge
Decisions by this judge: 1,680 · Granted: 24% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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 A24065284.
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 of entitlement to service connection for a colon condition, including as caused by herbicide agent exposure or secondary to his service-connected disabilities, was denied. The Board found that the evidence did not support a finding of service connection on any basis.
- Denied
The Board denied the Veteran's claim for service connection for adhesions as secondary to irritable bowel syndrome, finding that there was no nexus between the claimed condition and service or a service-connected disability.
- Dismissed
The Veteran's appeals for effective dates earlier than July 18, 2024, for the awards of service connection for tinnitus, tension headaches, and irritable bowel syndrome have been dismissed.
- Dismissed
The Board has dismissed the appeals for service connection for depression, Gram Positive Cocci Condition, chronic bronchitis, irritable bowel syndrome, and diseases of Keratinization due to untimely filing of the Decision Review Request.
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