The Board remands the case for further development, including providing proper notice and requesting additional medical records.
The deciding factor: The April 2005 notice failed to comply with Kent v. Nicholson requirements, and no records from Fort Lewis Medical Center in 1963 are currently available.
- Claimed conditions
- residuals of a left leg injury
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- May 2, 2008
- Citation
- 0814571
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 reopened the Veteran's claim for service connection for left ear hearing loss due to new and material evidence. The case is remanded for further development, including obtaining additional medical records and a supplemental VA examination.
- Denied
The Board denied the Veteran's claim for service connection for residuals of a left leg injury, as there was no evidence of a chronic disability in service or within many years thereafter, and the diagnosed upper motor neuron lesion of his left lower extremity is not associated with active duty.
- Remanded (sent back)
The Board remands the case to the RO for initial review and consideration of additional evidence received since the most recent supplemental statement of the case.
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