The case is being remanded to provide the Veteran with proper notice regarding what evidence would be necessary to reopen his claims for service connection and TDIU.
The deciding factor: The previous denial of the claims was based on a lack of current disability or a nexus to service, and the Veteran needs to be informed of this specific requirement as per Kent v. Nicholson.
- Claimed conditions
- mood disorder, right arm disorder, groin pain, chest pain
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 9, 2009
- Citation
- 0908701
Veterans Law Judge
Decisions by this judge: 2,200 · Granted: 43% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
This is a plain-language summary generated by AI from a public Board of Veterans’ Appeals decision. It can contain errors — always verify against the original. Look up the original decision on VA.gov (opens in a new tab) using citation 0908701.
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 Veteran withdrew his appeals for all issues related to posttraumatic headache, insomnia, left ankle condition, lumbosacral strain (lower back), and chest pain. The appeal was dismissed as the Veteran requested withdrawal of these claims.
- Denied
The Board has denied service connection for TBI, back strain, chest pain, foot pain, and tendonitis as there is no evidence of disease or injury incurred during active duty or training.
- Dismissed
The Veteran's appeals for service connection on the issues of chest pain, ear condition, vaginosis, syncope, thyroid condition, and jaw condition have been dismissed due to non-jurisdictional procedural defects. The Board has also remanded the claims for service connection on the issues of occipital neuralgia, chronic fatigue syndrome (CFS), and obstructive sleep apnea (OSA) for further development.
- Denied
The Veteran's service-connected mood disorder is rated at 70 percent, and the Board denied a higher rating. The Veteran also sought TDIU based on his mood disorder and anxiety, which was granted.
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