The Board has remanded the case due to inadequate notice provided to the veteran regarding new and material evidence for his claim of service connection for an acquired psychiatric disorder, including schizophrenia.
The deciding factor: The Court found that the Board's analysis was not in error but erred in finding that VA's duty to notify under 38 U.S.C.A. § 5103(a) had been satisfied due to misleading notices and failure to provide the correct version of 38 C.F.R. § 3.156(a).
- Claimed conditions
- acquired psychiatric disorder, to include schizophrenia
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- July 17, 2008
- Citation
- 0823832
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. Look up the original decision on VA.gov (opens in a new tab) using citation 0823832.
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 remanded the Veteran's claims for a bilateral knee condition and an acquired psychiatric disorder, to include schizophrenia, due to insufficient medical evidence on file.
- Dismissed
The Veteran's appeal was dismissed because he died during the pendency of his appeal, and the Board has no jurisdiction to adjudicate the merits of the case.
- Remanded (sent back)
The appeal is being remanded due to the Veteran's request for a video conference hearing. The case will be returned to the AOJ after scheduling the hearing.
- Remanded (sent back)
The Veteran's request for a Board hearing via videoconference was granted, and the case is now remanded to schedule an appropriate hearing in Syracuse, New York or another location closer to his residence than Buffalo, New York.
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