The appeal is remanded to the RO for scheduling a travel board hearing.
The deciding factor: The veteran requested a Board of Veterans Appeals hearing and has not been afforded this opportunity.
- Claimed conditions
- gastroesophageal reflux disorder, residuals of dysthemia, human immunodeficiency virus (HIV)
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 25, 2009
- Citation
- 0906895
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 service connection for prostatitis, HIV, CHF, GERD, herpes, a pulmonary disability, headaches, and type 2 diabetes mellitus as the evidence did not support a finding of a current disability or a nexus to service or a service-connected disability.
- Remanded (sent back)
The Board remands the claims for service connection for HIV and legal blindness due to ongoing evidentiary deficiencies and failure of the RO to fully comply with prior remand directives.
- Dismissed
The appeal for service connection for HIV has been granted, making the issue moot.
- Granted
The Board granted service connection for HIV, finding that the Veteran's HIV diagnosis is related to his active military service due to in-service military sexual trauma (MST).
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.