The appeal is remanded to the RO for proper notification and response from the Veteran regarding the appellant's arguments in her Substantive Appeal.
The deciding factor: Due process requires notifying the Veteran of the content of the appellant's arguments and allowing them an opportunity to respond before proceeding with appellate review.
- Claimed conditions
- Not specified in this decision
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 10, 2009
- Citation
- 0904872
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.