The Board remands the claim for service connection for multiple joint arthritis to provide adequate notice of what is necessary to substantiate a claim of secondary service connection.
The deciding factor: Due process deficiency in VCAA notice regarding secondary service connection must be corrected.
- Claimed conditions
- arthritis of the lumbar spine, arthritis of the shoulders, arthritis of the hips, arthritis of the knees, arthritis of the ankles, arthritis of the feet
- How they argued it
- Secondary to another service-connected condition
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 27, 2008
- Citation
- 0810103
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.
- Dismissed
The Board dismissed the appeals for service connection of various conditions as they were premature, and denied service connection for diabetes mellitus, type II and a migraine headache disability.
- Denied
The Board denied service connection for arthritis, a right hip disability, and a left hip disability. The 10 percent ratings for the left and right wrist disabilities were also denied.
- Denied
The Board denied the veteran's claims for increased ratings for his service-connected lumbar spine, right ankle, left ankle, right knee, and right lower extremity radiculopathy disabilities due to his failure to report for scheduled VA examinations without good cause.
- Dismissed
The veteran has withdrawn the appeal, and there are no specific errors of fact or law for appellate consideration.
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