The Board is remanding the case to the RO for further action, including providing VCAA notice and obtaining SSA records.
The deciding factor: The VA has not provided proper VCAA notice regarding what constitutes new and material evidence as of August 29, 2001.
- Claimed conditions
- congenital heart disease
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- August 23, 2007
- Citation
- 0726377
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 0726377.
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 Veteran's VA Form 9 was timely filed within 60 days of the attorney's actual receipt of the July 2015 Statements of the Case, and his appeal is reinstated. The underlying claims for both July 2015 SOCs are now considered.
- Denied
The Board found that the Veteran's heart disability is a congenital or developmental defect not subject to compensation within the meaning of applicable legislation and denied service connection for his heart disability.
- Denied
The appellant's mother did not serve in or visit Vietnam, and therefore is not eligible for benefits under 38 U.S.C.A. § 1815 due to her lack of service connection.
- Remanded (sent back)
The Board has remanded the case for additional development, including obtaining medical records and arranging for VA examinations to address the appellant's claims for service connection for a heart disability and increased rating for his right ankle disability.
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