The Board remands the matter to the AOJ for adjudication of the Veteran's request for revision of an April 1995 rating decision denying service connection for an adjustment disorder, on the basis of clear and unmistakable error.
The deciding factor: The AOJ did not recognize the Veteran's initial CUE motion and instead addressed the law governing effective dates rather than CUE, which constitutes an error in satisfying a statutory or regulatory duty.
- Claimed conditions
- adjustment disorder
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 11, 2025
- Citation
- A25022275
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 remands the claim for service connection for an acquired psychiatric disorder to ensure a proper examination and etiology opinion are provided.
- Granted
The Board granted service connection for adjustment disorder, finding it was related to fear for his life while flying combat missions during Operation Desert Shield/Storm.
- Partly granted
The Board granted earlier effective dates for the grants of service connection for adjustment disorder, bilateral pes planus, right knee limitation of extension, and left knee limitation of extension. The Board also granted service connection for a back condition as secondary to service-connected bilateral pes planus.
- Partly granted
The Veteran's claim for an increased rating for migraines was granted, effective July 1, 2022. The claims for service connection for various conditions were either denied or remanded.
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