The Board has ordered further development due to the need for additional evidence and clarification. The case is now being remanded back to the RO for a VA examination and further review.
The deciding factor: The Federal Circuit invalidated regulations allowing the Board to develop evidence without remanding to the AOJ, leading to the current situation where the case must be returned to the RO for development.
- Claimed conditions
- hepatitis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 12, 2003
- Citation
- 0331179
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 0331179.
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.
- Denied
The Board denied service connection for hepatitis and diabetic nephropathy as the evidence did not show a current disability related to active duty service.
- Denied
The Board denied service connection for the Veteran's cause of death due to hepatitis, finding no evidence that it was related to his military service.
- Partly granted
The Board denied the claim for service connection for a dental condition and remanded claims for service connection for hepatitis, an acquired psychiatric disorder, and a left shoulder condition.
- Remanded (sent back)
The Board remands the claim for service connection for hepatitis to ensure a VA examination and medical opinion are obtained, addressing potential pre-service exposure and in-service herbicide agent exposure.
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