The Board has determined that the appellant has not submitted new and material evidence to reopen his claims for service connection for a back disorder and an acquired psychiatric disorder. The case is being remanded for further action.
The deciding factor: The RO did not provide the appellant with proper laws and regulations concerning the requirement to submit new and material evidence to reopen a claim, as required by Hodge v. West (1998).
- Claimed conditions
- back disorder, acquired psychiatric disorder
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- May 10, 2000
- Citation
- 0012383
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 0012383.
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 veteran withdrew the appeal for all service connection and rating issues, and the Board has no jurisdiction to review these matters.
- Remanded (sent back)
The Board remands the claim for an acquired psychiatric disorder to correct a duty to assist error, requiring further examination and review of private treatment records.
- Remanded (sent back)
The Board remands the claims for service connection due to a pre-decisional duty to assist error, as it is unclear whether the Veteran's claimed conditions are due to any incident of his period of active service.
- Denied
The Board denied the Veteran's petition to reopen claims for service connection for a back disorder and tinnitus, as new and material evidence was not submitted.
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