The Board denied the claims on appeal by a March 2006 decision, which was subsequently vacated due to a failure to provide proper notice and assistance.
The deciding factor: The Court found that VA had not met its statutory and regulatory duty to notify, necessitating remand for compliance with Kent v. Nicholson and the current version of the new and material evidence regulation.
- Claimed conditions
- residuals of a back injury, residuals of a neck injury, residuals of a right hip injury, residuals of a left hip injury
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 15, 2008
- Citation
- 0812517
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.
- Denied
The Board denied service connection for residuals of a back injury, head injury, and neck injury as the evidence did not support that these injuries occurred during or while traveling from active duty.
- Denied
The Board denied an initial rating in excess of 20 percent for residuals of a back injury and an effective date earlier than May 26, 2023, for the award of service connection for residuals of a back injury.
- Denied
The Board denied service connection for multiple conditions, including GERD, neck injury, right knee injury, left knee injury, shrapnel wound to the lower left leg, right ankle injury, left ankle injury, RLE neuropathy, and lower back injury.
- Dismissed
The Board dismissed the Veteran's claims for service connection for migraines and residuals of a back injury due to untimely notice of disagreement.
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