The veteran's claim for service connection for a lung disorder was previously denied, and he is now seeking to reopen the claim with new and material evidence.
The deciding factor: The case was remanded because the veteran was not provided adequate notice regarding a claim to reopen in accordance with the guidelines in Kent v. Nicholson, 20 Vet. App. 1 (2006).
- Claimed conditions
- residuals of a bronchial concussion, to include chronic obstructive pulmonary disease (COPD)
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 3, 2009
- Citation
- 0903785
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.