The Board remands the case to the agency of original jurisdiction for issuance of a letter which contains all of the information required by 38 U.S.C. § 5103 and its implementing regulation, 38 C.F.R. § 3.159.
The deciding factor: The record has a procedural defect with respect to the notice required under the VCAA, specifically 38 U.S.C. § 5103(a), and this may no longer be cured by the Board.
- Claimed conditions
- bilateral knee disability, bilateral pes planus, osteoarthritis of the thoracic spine and fibromyalgia, hypertension, bilateral hearing loss, post traumatic stress disorder (PTSD), degenerative joint disease of the lumbar spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 25, 2008
- Citation
- 0813806
Veterans Law Judge
Decisions by this judge: 1,555 · Granted: 19% (granted or partly granted, in the indexed 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. Search VA.gov for the original decision (opens in a new tab) using citation 0813806.
What this means for you
A remand sends an issue back for more development, often a new examination or missing records. It does not award the benefit or decide the final outcome. The original decision explains the additional work ordered.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Dismissed
The Veteran's appeal for service connection of bilateral hearing loss and a ruptured right ear drum was dismissed due to the death of the Veteran.
- Remanded (sent back)
The Board has remanded the claims for service connection for hypertension and peripheral neuropathy of the bilateral upper and lower extremities due to insufficient medical opinions regarding their etiology.
- Denied
The Board found that the Veteran's bilateral hearing loss was noted upon entry into active duty service and did not increase in severity during service. Therefore, it denied his claim for service connection.
- Denied
The Board denied the Veteran's claims for service connection for a bilateral shoulder disability and increased ratings for her bilateral knee disabilities, finding no evidence of in-service injury or disease related to these conditions.
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