The veteran's claims for service connection and increased rating were remanded to schedule a videoconference hearing.
The deciding factor: The case was remanded due to a due process deficiency regarding the veteran's request for a hearing before the Board.
- Claimed conditions
- residuals of a left foot injury, residuals of a left shoulder injury
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- May 21, 2008
- Citation
- 0816645
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 hypogonadism with fatigue, GERD, and a right ear hearing loss disability. The Veteran's left rib disability was denied, and the ratings for his left shoulder injury, left hip bursitis, impairment of the left thigh, left knee retropatellar pain syndrome limitation of extension, and left ankle sprain were either granted or denied with specific rating percentages.
- Granted
The Veteran is granted entitlement to specially adapted housing due to a permanent and total disability rating based on service-connected lower extremity disabilities that preclude locomotion without the regular use of a cane.
- Remanded (sent back)
The Board has remanded the claims of service connection for tinnitus, hearing loss, hypertension, residuals of a left foot injury, headaches, and a sinus disorder due to insufficient medical opinions regarding their onset or relationship to service.
- Denied
The Board denied service connection for the residuals of a left foot injury as there was no evidence of an in-service injury or chronic condition since service, and the first evidence of such a condition appeared many years after service.
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