The appeal is remanded to obtain additional records and further development of the claim.
The deciding factor: The requested opinions were provided, but their accuracy was reduced due to missing key documents such as pre-operative ultrasound and MRA reports, operative dictation, and post-surgery treatment records.
- Claimed conditions
- swallowing problem
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 11, 2009
- Citation
- 0904982
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
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This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.