The appeal is being remanded to the RO for procedural development, including an opportunity for the veteran's representative at the RO to execute VA Form 646.
The deciding factor: Due process requires that the veteran's representative be afforded an opportunity to execute VA Form 646 prior to certification of the appeal to the Board.
- Claimed conditions
- lumbar spine compression fracture residuals with chronic thoracic strain, bilateral chondromalacia with patellar tendinitis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 7, 2009
- Citation
- 0900501
Veterans Law Judge
Decisions by this judge: 1,514 · Granted: 19% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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 0900501.
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.
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- Denied
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- Denied
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- Granted
The Veteran's claim for service connection for PTSD is granted as the evidence shows a current diagnosis of PTSD, an in-service stressor, and a medical link between the two.
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