The Board has remanded the case due to failure to comply with VCAA notice and duty-to-assist provisions. The veteran's claims for service connection, compensation benefits under 38 U.S.C.A. § 1151, and non-service connected pension benefits are now before the RO for further development.
The deciding factor: The Board found that the RO did not comply with VCAA notice and duty-to-assist provisions and thus remanded the case to ensure compliance.
- Claimed conditions
- arthritis of the right knee, left knee disorder, lumbar spine disorder, post-traumatic stress disorder (PTSD)
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 28, 2005
- Citation
- 0502143
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 0502143.
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.
- 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.
- Dismissed
The appeal was dismissed due to the Veteran's death while it was pending.
- Remanded (sent back)
The Board remands the claims for service connection for PTSD, diabetes mellitus, type II, migraines, left and right knee disorders, and obstructive sleep apnea due to missing military records and inadequate examinations.
- Remanded (sent back)
The Board remands the claim for service connection for PTSD to be readjudicated on the merits due to new and relevant evidence.
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