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
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.
- Denied
The Board denied the claims for an increased rating for the left shoulder disorder, service connection for a cervical spine disorder, service connection for a right arm disorder, and service connection for a left arm disorder.
- Remanded (sent back)
The Board remands the claim for service connection for an acquired psychiatric disorder, to include major depressive disorder, mood disorder, and unspecified depressive disorder due to pre-decisional duty to assist errors.
- Denied
The Board denied service connection for chest pain, a gastrointestinal disability, a neck disability, and a bilateral knee disability. The Veteran was also denied a compensable rating for iliotibial band syndrome of the right hip and for right hip limitation of extension.
- Denied
The Board denied service connection for a mood disorder as secondary to the service-connected headaches or tinnitus, finding no probative evidence linking the two conditions.
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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.