The Board remands the case to allow the RO to adjudicate the Veteran's claim of clear and unmistakable error (CUE) in a September 2022 rating decision that denied service connection for a left knee disorder.
The deciding factor: The August 2023 rating decision failed to explicitly address the Veteran's assertion of CUE, which is an error in fulfilling VA's statutory duty.
- Claimed conditions
- left knee disorder
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 12, 2025
- Citation
- A25022936
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.
- Dismissed
The appeal was dismissed due to the Veteran's death while it was pending.
- Remanded (sent back)
The Board remands the claims for service connection for PTSD, diabetes mellitus, type II, migraines, left and right knee disorders, and obstructive sleep apnea due to missing military records and inadequate examinations.
- Remanded (sent back)
The Board remands the claims for service connection for right and left knee disorders to obtain a new examination that adequately addresses all pertinent evidence of record.
- Dismissed
The appeal for service connection for rheumatoid arthritis was dismissed due to a untimely notice of disagreement. The left knee disorder claim is remanded for further action.
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This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.