The veteran's request for a video conference hearing was not considered, and the case is being remanded to afford him this due process.
The deciding factor: The Board failed to consider the veteran's request for a video conference hearing, which deprived him of due process.
- Claimed conditions
- shell fragment wound of the right arm, right radial nerve palsy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 17, 2004
- Citation
- 0433533
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 0433533.
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 determined that additional development is needed to properly adjudicate the appellant's claims for service connection for the cause of the Veteran's death and accrued benefits. The case will be returned to the RO for further action.
- Granted
The Board has determined that the veteran's emergency medical treatment provided by St. Francis Hospital on September 7, 2005 was for a condition of such nature that a prudent layperson would have reasonably expected delay in seeking immediate medical attention to be hazardous to life or health and that VA facilities were not feasibly available.
- Denied
The Board has determined that the veteran's residuals of a shell fragment wound to the right arm with right radial nerve palsy are currently rated at 30 percent, which is the maximum available rating. The evidence does not support an increase in this rating.
- Denied
The Board has denied the veteran's claims for service connection for pain and numbness of the hands and arms, diabetes mellitus secondary to Agent Orange exposure, bilateral hearing loss, PTSD, and TDIU.
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