The appeal is remanded to obtain additional SSA records related to the Veteran's claim for disability benefits.
The deciding factor: The Joint Motion required an additional effort to obtain missing adjudicatory records from the Veteran's SSA file.
- Claimed conditions
- cirrhosis of the liver
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 5, 2009
- Citation
- 0908195
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.
- Dismissed
The appeals for service connection for various conditions were dismissed due to the Veteran's death.
- Granted
The Board granted service connection for cirrhosis of the liver, finding that it was due to herbicide exposure during the Veteran's service in Vietnam.
- Partly granted
The Board granted an initial rating of 40 percent for hepatitis C and cirrhosis of the liver, but denied earlier effective dates for service connection and a higher rating for tinnitus.
- Partly granted
The Board denied an initial rating in excess of 100 percent for lung cancer but granted special monthly compensation (SMC) based on the need for aid and attendance, effective December 7, 2022.
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.