The veteran's appeal is remanded for additional development due to the failure to provide proper VCAA notice.
The deciding factor: The Board found that the RO failed to comply with the Veterans Claims Assistance Act of 2000 (VCAA) by not providing specific notice regarding the claimant's obligations and VA's responsibilities under the law.
- Claimed conditions
- chronic pulmonary disorder, post-traumatic stress disorder (PTSD), a vision disorder, tinnitus, a disorder manifested by stiffness of the right arm
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- June 4, 2004
- Citation
- 0414346
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 0414346.
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.
- Partly granted
The Board granted service connection for asthma and remanded claims for insomnia and sleep apnea. Other conditions were denied.
- Dismissed
The Veteran withdrew the appeals for service connection for bilateral pes planus, obstructive sleep apnea, bilateral hearing loss, tinnitus, and chronic obstructive pulmonary disease (COPD).
- Granted
The Board granted service connection for an acquired psychiatric disorder, to include unspecified depressive disorder with social anxiety disorder and PTSD, resolving reasonable doubt in the Veteran's favor.
- Remanded (sent back)
The Board remands the claim for service connection for tinnitus to correct a duty to assist error, as the Veteran's lay statements regarding onset and continuity of symptoms were not adequately considered in the previous decision.
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