The Board finds that a timely NOD was filed with the January 2006 rating decision that denied service connection for the cause of the Veteran's death, and an appeal is pending in appellate status.
The deciding factor: The August 2006 letter can be reasonably construed as evidencing disagreement with the RO's January 2006 determination and seeking appellate review of that decision.
- Claimed conditions
- cause of the Veteran's death
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 19, 2009
- Citation
- 0906152
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.
- Denied
The Board denied the claim for service connection for the cause of the Veteran's death as new and relevant evidence was not received.
- Remanded (sent back)
The Board remands the claim for service connection for the cause of the Veteran's death to be readjudicated based on new and relevant evidence.
- Remanded (sent back)
The Board of Veterans' Appeals is remanding the claim for service connection for the cause of the Veteran's death due to an error by the agency of original jurisdiction in failing to provide notice of the right to a pre-decisional hearing.
- Dismissed
The appeal for service connection for astrocytoma glioblastoma of the brain and the cause of the Veteran's death was dismissed due to a procedural defect in the modernized review system.
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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.