The Board has remanded the case for additional development due to inadequate notice provided to the appellant.
The deciding factor: The Court found that the VA's previous decision lacked adequate notice concerning the conditions for which the veteran was service connected at the time of his death and the evidence required to substantiate a DIC claim based on previously service-connected conditions or new conditions not yet service connected.
- Claimed conditions
- residuals of a gunshot wound to the left forearm, scar on the right buttock
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- September 18, 2008
- Citation
- 0831897
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 0831897.
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.
- Denied
The Board has denied service connection for residuals of a traumatic brain injury, status post cholecystectomy, and a scar on the right buttock due to the Veteran's dishonorable discharge from active duty.
- Remanded (sent back)
The Board has remanded the case due to a need for further development, including providing corrective notice and obtaining an opinion from a VA physician regarding whether any service-connected disability contributed to the Veteran's death.
- Denied
The Board found that the cause of death, acute cardiac event leading to congestive heart failure and atrial fibrillation, was not caused or contributed substantially by any service-connected conditions. The veteran's service-connected disabilities were deemed insufficient to have accelerated his death.
- Denied
The Board found that the veteran's residuals of a gunshot wound to the left forearm do not meet the criteria for a rating in excess of 10 percent, as they do not involve moderate loss of deep fascia, muscle substance, or positive impairment when compared with the right forearm on tests of strength and endurance.
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