The Board has remanded the case due to inadequate VCAA notice and failure to consider whether new and material evidence has been received to reopen the issue of whether the character of the appellant's discharge constitutes a bar to VA benefits.
The deciding factor: The RO failed to provide proper VCAA notice, which is required for reopening claims that were previously denied.
- Claimed conditions
- character of discharge
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 19, 2010
- Citation
- 1002661
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 1002661.
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
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This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.