The veteran's representative filed a motion for reconsideration, and the Board granted it. The case was remanded to the RO with instructions that the veteran and his representative should be provided with copies of certain documents as requested by the Board in its April 1996 remand. However, there is no correspondence indicating that the veteran or his representative was notified of the February 2006 hearing.
The deciding factor: The veteran's representative did not receive proper notice regarding the results of a previous remand and other actions during the appellate process, which prevented them from submitting timely argument on behalf of the veteran.
- Claimed conditions
- Not specified in this decision
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 7, 2006
- Citation
- 0610296
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
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.