The appeal is remanded to provide the appellant with notice as required by Hupp v. Nicholson regarding the conditions for which the Veteran was service-connected at the time of his death and the evidence needed to substantiate a claim for service connection for the cause of the Veteran's death.
The deciding factor: The case was remanded to ensure compliance with the requirements set forth in Hupp v. Nicholson, specifically providing notice regarding the conditions for which the Veteran was service-connected at the time of his death and the evidence needed to substantiate a claim based on both previously service-connected and non-service-connected conditions.
- Claimed conditions
- Not specified in this decision
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 9, 2009
- Citation
- 0908572
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
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.