The Board has remanded the case due to inadequate notice provided in prior rating decisions.
The deciding factor: The RO failed to provide the required notification as outlined by the Court in Kent and Dingess/Hartman v. Nicholson, 19 Vet. App. 473 (2006).
- Claimed conditions
- heart disability, respiratory disorder, psychiatric disability
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 16, 2006
- Citation
- 0635652
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 0635652.
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.
- Denied
The Board denied service connection for a heart disability as the evidence did not support that it began during active service or was related to an in-service injury.
- Remanded (sent back)
The Board remands the claim for an initial rating higher than 30 percent for the service-connected heart disability to correct an error by the AOJ in not informing the Veteran of his right to a pre-decisional hearing.
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