The appeal is remanded to the RO via the Appeals Management Center (AMC) in Washington, DC for scheduling of a local hearing with a San Juan Regional Office Decision Review Officer.
The deciding factor: The Veteran requested an RO hearing and was unable to attend a scheduled Travel Board hearing due to car trouble. The case must be remanded to provide the Veteran with her requested hearing before deciding the appeal.
- Claimed conditions
- bilateral shoulder condition, muscle spasms, numbness of the arms and hands
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 4, 2009
- Citation
- 0907860
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.
- Partly granted
The Board granted the petition to reopen the claim of entitlement to service connection for a bilateral shoulder condition, but denied petitions to reopen claims for residuals of heat exhaustion, any dysfunction regulating body temperature, and a right ankle condition. The Board also remanded claims for bruxism and a bilateral shoulder condition.
- Dismissed
The veteran's appeal requests were not timely filed, and good cause was not shown to accept the late filings.
- Partly granted
The Board granted a 30 percent rating for the Veteran's stress fracture, mid-distal femur, right leg with limited flexion and restored the 30 percent rating for the Veteran's stress fracture, mid-distal femur, right leg with limitation of abduction and rotation. The other claims were denied.
- Remanded (sent back)
The Board remands the claim for service connection for fatigue and muscle spasms, to include CFS, as a VA examination is needed to determine if there is a link between these symptoms and the Veteran's active duty.
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.