The Board is remanding the case to the RO for development and adjudication in compliance with the Court's decision in Disabled American Veterans v. Secretary of Veterans Affairs, Nos. 02-7304, -7305, -7316 (Fed. Cir. May 1, 2003). The case will be remanded to ensure full and complete compliance with the duty-to-notify and duty-to-assist provisions of the VCAA.
The deciding factor: The Court ruled that regulation 38 C.F.R. � 19.9(a)(2) was invalid because it allowed the Board to consider additional evidence without having to remand the case to the agency of original jurisdiction (i.e., the RO) for initial consideration of the evidence and without having to obtain the appellant's waiver, contrary to controlling statutes.
- Claimed conditions
- Post-Traumatic Stress Disorder (PTSD)
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- September 3, 2003
- Citation
- 0322518
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 0322518.
What this means for you
A partial grant means some issues were granted while others were denied or remanded — common in multi-issue claims. Look at which issues went which way, and how each was argued.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
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- Granted
The Veteran's claim for TDIU is granted with an effective date of August 17, 2022. The decision also denies the Veteran's request for Special Monthly Compensation (SMC) due to lack of need for aid and attendance or being housebound.
- Granted
The Board has granted eligibility to attorney fees based on past-due benefits awarded in the October 2024 rating decision for an increased PTSD rating and denied TDIU.
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