The Board will remand the case to fulfill VA's notification duties and re-adjudicate the appellant's claim for service connection for the cause of the veteran's death.
The deciding factor: VA has not satisfied its duties under 38 U.S.C.A. § 5103(a) and 38 C.F.R. § 3.159(b) to notify the appellant of the specific evidence necessary to substantiate her claim, and to inform her which evidence she must submit and which evidence VA will obtain.
- Claimed conditions
- left leg gunshot wound
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- June 4, 2004
- Citation
- 0414478
Veterans Law Judge
Decisions by this judge: 1,582 · Granted: 32% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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 0414478.
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 found that new and relevant evidence was not submitted, and denied the claims for service connection for a left leg gunshot wound, diabetes mellitus (DM), posttraumatic stress disorder (PTSD), and hypertension (HTN).
- Remanded (sent back)
The veteran's appeal is being remanded for additional development, including obtaining Social Security Administration records and private physician treatment records. The issues of increased evaluation for left leg gunshot wound disability, service connection for a nervous condition, and service connection for PTSD are pending.
- Denied
The Board denied the veteran's claims for increased ratings for his service-connected lumbar myositis, psychoneurosis and conversion hysteria, residuals of shrapnel wounds of the left thigh and pelvis with retained foreign bodies and scars, and residuals of shell fragment wounds of the right thigh and left leg. The veteran was also denied entitlement to a total disability rating based on individual unemployability due to service-connected disabilities.
- Denied
The Board denied the Veteran's claim for an initial evaluation in excess of 10 percent for his service-connected coronary artery disease, finding that the evidence did not support a higher rating based on the severity of his condition.
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