The Veteran's appeal is being remanded due to the VA's failure to properly notify him of unavailability of service treatment records from Heidelberg, Germany. The claim will be reconsidered after proper notification.
The deciding factor: The Board found that the Veteran was not notified as to the unavailability of service treatment records from Heidelberg, Germany, which violated his rights under the Veterans Claims Assistance Act of 2000.
- Claimed conditions
- gastrointestinal disorder, peptic ulcer disease, gastritis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 17, 2009
- Citation
- 0914529
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 0914529.
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 has remanded the case due to unclear evidence regarding the diagnosis of gastritis and its relation to service. The Veteran needs to provide records, and a VA examiner will review his medical history and determine if gastritis is related to his military service or any other conditions.
- Granted
The Veteran's depression was rated at 50 percent prior to September 27, 2017. From September 27, 2017, the rating for depression increased to 70 percent.
- Remanded (sent back)
The Board has found that remand is needed for the Veteran's claims due to duty to assist errors, including clarification of periods of service and obtaining relevant records. The Veteran will be afforded new medical examinations for each claimed disability.
- Remanded (sent back)
The Veteran's claims for mental depression/anxiety, obstructive sleep apnea (OSA), and gastrointestinal disorder are remanded due to the need for VA examinations and an adequate medical opinion.
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