The Board has remanded the claim of service connection for right lower quadrant pain to include diverticulitis due to a procedural issue regarding the timeliness of the notice of disagreement. The ratings for hypertension and migraine headaches are addressed in another decision.
The deciding factor: The veteran did not timely file a notice of disagreement with the May 2001 rating decision denying service connection for hepatitis B, which is why the Board lacks jurisdiction to review the merits of this claim.
- Claimed conditions
- Hepatitis B, Right lower quadrant pain to include diverticulitis, Hypertension, Migraine headaches
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 22, 2004
- Citation
- 0433745
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 0433745.
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 the claim of service connection for hypertension, finding that it did not manifest during service and is not causally related to the Veteran's exposure to herbicides or service.
- Denied
The Board denied the Veteran's claim for service connection for hypertension, finding that there was no evidence of a nexus between his current condition and active duty service or herbicide exposure.
- Denied
The Board has denied service connection for hypertension and has remanded the issue of an increased rating for skin condition.
- Granted
The Board has restored the Veteran's 10% rating for hypertension effective December 1, 2025 and denied a rating in excess of 10%. The reduction from 10% to noncompensable was not proper.
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