The appeal was remanded to the Board for additional development and readjudication of the veteran's claims for earlier effective dates for service connection for left hip degenerative joint disease with left lower extremity shortening, limitation of motion, and atrophy and diverticulitis.
The deciding factor: The case was remanded due to a lack of proper notification under the VCAA regarding the evidence needed to substantiate the claims and who is responsible for obtaining such evidence.
- Claimed conditions
- left hip degenerative joint disease with left lower extremity shortening, limitation of motion, and atrophy, diverticulitis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 12, 2009
- Citation
- 0901093
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.
- Dismissed
The appeal with respect to entitlement to service connection for diverticulitis is dismissed due to the lack of a final decision subject to appeal.
- Remanded (sent back)
The Board remands the veteran's claims for service connection and TDIU due to new evidence that was not previously considered.
- Remanded (sent back)
The Board remands the claims for service connection of hepatitis C and conditions secondary to it, including bleeding hemorrhoids, bleeding ulcers, acute colitis, diverticulitis, inflamed rectal tissue, IBS, skin condition, tracheal burning with constant acid buildup, and urinary incontinence.
- Dismissed
The Board dismissed the appeals for service connection and increased ratings as untimely, with no valid appeal under docket number 250102-497204.
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.