The Board is remanding the case for compliance with the terms of the Joint Motion, including providing VCAA notice to address the bases of prior denial of claims in September 1974 and the evidentiary requirements to reopen those claims on both direct and secondary bases.
The deciding factor: The case was vacated due to failure of notice letters sent by the RO under the Veterans Claims Assistance Act of 2000 (VCAA) to fulfill requirements of Kent v. Nicholson, 20 Vet. App. 1 (2006).
- Claimed conditions
- left ankle disorder, tuberculosis
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 28, 2010
- Citation
- 1004278
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 1004278.
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.
- Dismissed
The appeal was dismissed due to the Veteran's death while it was pending.
- Dismissed
The veteran withdrew the appeal for all service connection and rating issues, and the Board has no jurisdiction to review these matters.
- Partly granted
The Board granted service connection for gastroesophageal reflux disease, obstructive sleep apnea, and right middle finger strain with degenerative arthritis. The claim for tuberculosis was denied.
- Partly granted
The Veteran's service connection for migraine headaches was granted, while the claim for a left ankle disorder was denied.
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