The appeal is remanded to ensure that the Veteran and appellant receive all necessary notices regarding their rights, including representation and hearing rights.
The deciding factor: The VCAA does not apply as this claim involves apportionment of existing benefits rather than a new service connection claim. The case was remanded to correct procedural issues related to notice requirements for simultaneously contested claims.
- 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 19, 2009
- Citation
- 0910302
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.