The appeal is remanded to the RO for additional development and consideration of new evidence.
The deciding factor: The case was remanded due to a lack of proper notice regarding what constitutes new and material evidence, as required by Kent v. Nicholson, 20 Vet. App. 1 (2006).
- Claimed conditions
- Degenerative joint disease of the left hip
- How they argued it
- Secondary to another service-connected condition
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 22, 2009
- Citation
- 0902290
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.
- Partly granted
The Board granted service connection for degenerative joint disease of the right hip, left hip, and left shoulder, as well as PTSD. The claim for a higher rating for the right knee scar was denied.
- Granted
The Board granted service connection for degenerative joint disease of the right and left hips, as well as degenerative arthritis of the cervical spine and lumbar spine, resolving reasonable doubt in favor of the Veteran's surviving spouse.
- Denied
The Board denied the Veteran's claims for increased ratings for his service-connected left hip, left shoulder, and cervical spine disabilities due to his failure to report for scheduled VA examinations without good cause.
- Remanded (sent back)
The Board remands the claims for increased ratings of degenerative joint disease of the left hip, left shoulder disability, and degenerative disc disease of the cervical spine due to the Veteran's failure to report for scheduled VA examinations.
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