The case is remanded for further procedural and evidentiary development, including providing the veteran with notice of the evidence required to substantiate an increased disability rating claim and scheduling a videoconference hearing.
The deciding factor: The record has a procedural defect with respect to the notice required under the VCAA, and the Board is without authority to cure this defect.
- Claimed conditions
- post-operative residuals of boutonniere's deformity of the little right finger, scar of the right little finger
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 5, 2009
- Citation
- 0900183
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
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.