The Board remands the case to afford the Veteran an opportunity for a hearing before a Decision Review Officer at the RO.
The deciding factor: The claims file shows no perfected appeal with regard to any of the issues certified to the Board, but electronic records indicate timely substantive appeals were received. The Veteran requested a local hearing.
- Claimed conditions
- bilateral knee disability, left eye disability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 11, 2009
- Citation
- 0909054
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.
- Remanded (sent back)
The Board remands the service connection claim for a bilateral knee disability to correct a pre-decisional duty to assist error, including scheduling an additional VA examination.
- Dismissed
The Board dismissed the appeals for service connection for a bilateral knee disability, bilateral upper and lower extremity peripheral neuropathy, lumbar spine disability, cervical spine disability, and chronic pain syndrome due to untimely notices of disagreement.
- 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 various disabilities, including abnormal weight loss, a bladder disability, blockage of the neck arteries, and others. The evidence did not support a finding that any of these conditions were related to the Veteran's active service.
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