The Board has ordered the VA to attempt to obtain mental hygiene records from Fort Ord, California. The veteran will also receive a corrective notice under 38 U.S.C.A. § 5103(a) regarding what evidence is necessary to reopen his claim for service connection for a nervous condition and what specific evidence would be required to substantiate the element or elements needed for service connection that were found insufficient in the prior denial on the merits.
The deciding factor: The Board has ordered additional development due to incomplete records and the need to provide proper notification under new regulations regarding reopening claims.
- Claimed conditions
- nervous condition
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- September 8, 2006
- Citation
- 0628236
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 0628236.
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 claims for service connection for various conditions, including headaches, nervous condition, skin lesions, sleep apnea, and heart condition/atrial fibrillation, to correct pre-decisional duty to assist errors.
- Remanded (sent back)
The Board remands the claim for service connection for an acquired psychiatric disorder, including schizophrenia, a nervous condition and PTSD, due to a pre-decisional duty to assist error in the request for information to verify treatment during active duty training.
- Denied
The Board denied an initial disability rating in excess of 30 percent for nervous condition prior to December 2, 2023, and entitlement to a total disability rating based on individual unemployability (TDIU) prior to May 22, 2023.
- Remanded (sent back)
The Board remanded the case for the RO to determine whether service personnel records received in March and April 1997 were newly added and relevant, and if so, whether reconsideration of the October 1996 claim for service connection for a psychiatric disorder is warranted under 38 C.F.R. § 3.156(c). The CUE motion is premature and will be addressed after the reconsideration determination is made.
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