The appeal is remanded for additional development, including providing the appellant with proper VCAA notice.
The deciding factor: The case was remanded to provide the appellant with appropriate VCAA notice as per Hupp v. Nicholson, 21 Vet. App. (2007).
- Claimed conditions
- Post-traumatic stress disorder (PTSD), Residuals of a gunshot wound to left muscle group XIV, Total arthroplasty of the right knee, Scar on the left thigh, Degenerative joint disease of the left knee, Lipoma secondary to residuals of a gunshot wound to left muscle group XIV, Malaria
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- May 21, 2008
- Citation
- 0816695
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 remands the claims for further development to ensure that the severity of the Veteran's bilateral knee disability is accurately assessed without considering the ameliorative effects of medication.
- 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.
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