The Board reversed a clear and unmistakable error (CUE) in the July 2016 rating decision that discontinued the Veteran's entitlement to a TDIU, restoring his award of a TDIU. The appeal for a TDIU is dismissed as moot due to this restoration.
The deciding factor: The Board found CUE in the July 2016 rating decision by failing to properly apply the correct legal standard regarding the termination of TDIU, which required clear and convincing evidence of employability.
- Claimed conditions
- Not specified in this decision
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 14, 2025
- Citation
- A25024039
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
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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.