The Veteran's appeal is being remanded to comply with the Court's June 2004 decision, which found that VA had failed to provide proper notice. Additional development is needed for compliance with VA's duty to assist and notify.
The deciding factor: VA did not provide proper notice as required by law in the initial rating decisions for the Veteran's claims.
- Claimed conditions
- irritable bowel syndrome, degenerative arthritis of the right knee, hypertension, scar over the right eyebrow, residuals of a left hand injury, right ankle sprain, costochondritis, right ear hearing loss disability, allergic rhinitis, postoperative bilateral inguinal hernias, Telogen effluvium, generalized anxiety disorder with obsessive/compulsive and somatization disorders, herniated nucleus pulposus, L4-5 and L5-S1, postoperative, with degenerative changes, headaches, mild Dupuytren's contracture of the middle finger and thumb of the right hand, hemorrhoids
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- April 7, 2009
- Citation
- 0912810
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. Search VA.gov for the original decision (opens in a new tab) using citation 0912810.
What this means for you
A remand sends an issue back for more development, often a new examination or missing records. It does not award the benefit or decide the final outcome. The original decision explains the additional work ordered.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Board has determined that the Veteran's headaches are at least as likely as not caused by his service-connected traumatic brain injury, and thus grants service connection for this condition.
- Remanded (sent back)
The Board has remanded the claims for service connection for hypertension and peripheral neuropathy of the bilateral upper and lower extremities due to insufficient medical opinions regarding their etiology.
- Remanded (sent back)
The Board has remanded the case due to incomplete development of records and will provide a supplemental statement of the case if necessary.
- Remanded (sent back)
The Veteran's claims for increased ratings and service connection are being remanded due to the need for additional development, including VA examinations.
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