The appeal is remanded to the RO for further development, including obtaining a new examination and ensuring proper VCAA notice.
The deciding factor: The current evidence does not provide sufficient information to determine if the VA treatment was negligent or if the additional disability was reasonably foreseeable. A new examination is needed to address these issues.
- Claimed conditions
- Loss of sensation of the tongue
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 20, 2009
- Citation
- 0906321
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.