The Board has remanded the case for further action due to a lack of VCAA notification and duty to assist provisions.
The deciding factor: The RO must ensure full compliance with the VCAA prior to adjudicating the claim for an earlier effective date.
- Claimed conditions
- Service-connected disabilities
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 22, 2004
- Citation
- 0402321
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 0402321.
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.
- Remanded (sent back)
The Board has decided to remand the case due to incomplete medical evidence and a need for clarification on whether the Veteran's service-connected disabilities alone preclude substantial gainful employment prior to July 1, 2015.
- Granted
The Veteran's claim for special monthly compensation (SMC) based on the need for aid and attendance is granted due to his service-connected disabilities, which require regular assistance from another person.
- Granted
The Veteran was granted a TDIU for the period from May 27, 2009, to February 20, 2014, due to his service-connected disabilities preventing him from securing and following substantially gainful employment.
- Denied
The Veteran's appeal is denied as she did not meet the criteria for retroactive VR&E benefits due to her service-connected disabilities and other factors.
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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.