The Board remanded the case for scheduling of a videoconference hearing before the Board as the appellant timely requested one after certification of appeal. The case was advanced on the docket due to the appellant's advanced age and health problems.
The deciding factor: The appellant filed a timely request for a hearing within 90 days of notification of certification and is entitled to procedural due process by having that hearing scheduled by the Regional Office.
- 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 23, 2009
- Citation
- 0906615
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.