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
- Not verified here — check the original 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. Read the original VA decision (opens in a new tab) using citation 1004278.
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.
- Remanded (sent back)
The Board has remanded the Veteran's claims for bilateral hearing loss, left ankle disorder, and skin disorder (claimed as neurodermatitis) due to insufficient medical opinions regarding their etiology. The Veteran is required to undergo additional VA examinations to determine if his current conditions are related to service.
- Denied
The Board denied service connection for treatment purposes only under Chapter 17 for various conditions, including cervical spine condition, right upper extremity nerve condition, left upper extremity nerve condition, headache condition, right wrist condition, left wrist condition, right elbow condition, left elbow condition, right shoulder condition, obstructive sleep apnea (OSA), bilateral pes planus, right ankle disorder, left ankle disorder, and left knee disorder.
- Remanded (sent back)
The Board has decided to remand the cases for new VA examinations due to inadequate opinions in the July 2020 VA examination reports. The Veteran's right shoulder disorder, left ankle disorder, and lumbar spine disorder are being reviewed again to determine if they are related to his active duty service.
- Dismissed
The Board dismissed the appeal for a higher rating for tinnitus and denied claims for earlier effective dates for service connection of left breast scars, hyperlipidemia/high cholesterol, bilateral hip disorders, and left ankle disorder.
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