The Board remands the issues of entitlement to an earlier effective date for TDIU and SMC-HB based on CUE in a September 2009 rating decision, as there was a failure to adjudicate the pending request for Higher-Level review.
The deciding factor: Correction of this error raises a reasonable possibility of aiding the appellant in substantiating the claim given that the AOJ must provide a review by an experienced adjudicator of the issue on appeal.
- Claimed conditions
- Not specified in this decision
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- June 5, 2025
- Citation
- A25049671
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.