The Board has decided to remand the case for a personal hearing at the RO due to the veteran's failure to appear in June 2005, and because of confusion regarding his representation.
The deciding factor: The veteran failed to appear for the scheduled hearing, which is considered good cause given the apparent confusion regarding his representation.
- Claimed conditions
- psychiatric disability
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 29, 2006
- Citation
- 0608996
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 remands the claim for a psychiatric disability to correct a pre-decisional duty to assist error, specifically regarding the presumption of soundness at entrance into service.
- Denied
The Board denied higher initial disability ratings for the service-connected psychiatric disability and denied earlier effective dates for TDIU, SMC at the schedular housebound rate, and DEA benefits.
- Partly granted
The Board granted a 70 percent disability rating for the Veteran's psychiatric disability and also granted a total disability rating based on individual unemployability (TDIU), but denied an earlier effective date for service connection.
- Partly granted
The Board granted a 60 percent rating for prostate cancer with residuals, denied ratings in excess of 10 percent for tachycardia and an initial compensable rating for erectile dysfunction, and granted service connection for a psychiatric disability.
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This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.