The Board vacated its February 21, 2007 decision and remanded the issues for further development due to new evidence received after the initial decision.
The deciding factor: The decision was based on a finding that relevant private medical records were not considered in the prior decision because they were not associated with the veteran's claims file until after the Board's February 2007 decision was issued, thus denying him due process.
- Claimed conditions
- Traumatic arthritis of the right ankle, Post-traumatic stress disorder (PTSD)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- May 14, 2008
- Citation
- 0815926
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.
- Partly granted
The Board granted service connection for degenerative joint disease of the right hip, left hip, and left shoulder, as well as PTSD. The claim for a higher rating for the right knee scar was denied.
- Remanded (sent back)
The Board remands the Veteran's claim for service connection for an acquired psychiatric disorder, to include PTSD, due to inadequate medical opinions and a Stegall violation.
- Partly granted
The Veteran's PTSD warranted a 70 percent rating from September 1, 2021, to February 3, 2022, due to occupational and social impairment with deficiencies in most areas.
- Remanded (sent back)
The Board remands the claims for service connection for insomnia, PTSD, and depression due to a need for additional development.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.