The Board vacated portions of its remand orders that addressed the issue of entitlement to an evaluation in excess of 30 percent for a right knee disability due to erroneous inclusion and denial of due process.
The deciding factor: Due to VA's own oversight, the Board erroneously included the issue of an increased rating for a service-connected right knee disability on remand orders, which denied the veteran due process.
- 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 26, 2009
- Citation
- 0907240
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.