The Board is remanding the case to provide the Veteran with proper VCAA notice regarding the bases for the prior denial of his service connection claim and what type of evidence would suffice to reopen it.
The deciding factor: The decision was not Kent-compliant as it did not specify the bases for the previous denial, which could prejudice the Veteran's understanding of why his claim was denied.
- Claimed conditions
- right inguinal hernia
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- August 13, 2009
- Citation
- 0930314
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 0930314.
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.
- Partly granted
The Board denied an initial compensable rating for the service-connected scar, status post right inguinal hernia repair, and a higher than 10 percent rating for the painful scar. The right inguinal hernia was remanded for further evaluation.
- Denied
The Board denied the veteran's claims for a compensable disability rating for a right inguinal hernia and residuals thereof, as well as for surgical abdominal scars (as a residual of surgery to repair right inguinal hernia), based on the evidence not supporting a more severe condition than noncompensable.
- Remanded (sent back)
The Board remands the claims for service connection for right eye glaucoma and right inguinal hernia as additional development is needed to address the Veteran's theories of entitlement.
- Remanded (sent back)
The Board remands the claims for service connection and denies an initial rating in excess of 30 percent for irritable bowel syndrome.
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