The appeal was remanded for further development due to inadequate notice under the Veterans Claims Assistance Act of 2000.
The deciding factor: The Court found that VA failed to provide adequate notice in light of the decisions announced in Kent v. Nicholson and Quartuccio, specifically regarding what evidence would be necessary to establish service connection since previous denials.
- Claimed conditions
- right foot and leg disability, bilateral eye disability, low back disability, chest pains, dizziness
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 23, 2008
- Citation
- 0813376
Veterans Law Judge
Decisions by this judge: 1,987 · Granted: 15% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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 0813376.
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 has found that remand is needed for the Veteran's claims due to duty to assist errors, including clarification of periods of service and obtaining relevant records. The Veteran will be afforded new medical examinations for each claimed disability.
- Remanded (sent back)
The Board has found that additional VA opinions are needed to address the nature and etiology of the Veteran's dizziness, including benign paroxysmal positional vertigo, and tension headaches, including migraines. The opinions should consider the Veteran's participation in a TERA and the combined effect of all his service-connected disabilities.
- Remanded (sent back)
The Board has denied service connection for bilateral hearing loss and remanded the claims of right shoulder disability and low back disability due to insufficient evidence.
- Granted
The Veteran's claim for service connection of a low back disability was granted with an effective date of January 9, 2018. The Board accepted her November 21, 2019 VA Form 20-0996 as a valid opt-in of the April 2019 SOC into the modernized review system.
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