The Board's decision denying service connection for depressive disorder with anxiety, residuals of rubella, a right ankle disability, and residuals of a dislocated left shoulder is vacated due to the Veteran not being afforded a hearing. The case is now remanded for scheduling a travel board hearing.
The deciding factor: The Veteran was denied due process as he did not receive proper notice that his file had been transferred to the Board and subsequently requested a hearing at a local VA office before a member of the Board.
- Claimed conditions
- depressive disorder with anxiety, residuals of rubella, right ankle disability, dislocated left shoulder
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 2, 2010
- Citation
- 1012599
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 1012599.
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 Veteran's claims for left, right ankle disabilities, left and right hip disabilities, left and right shin splints, and left and right knee disabilities due to inadequate nexus opinions in the VA examination reports. The Veteran contends that her current disabilities are related to injuries sustained during basic training.
- Remanded (sent back)
The Board has remanded the claims for service connection due to new evidence received, and a need for additional medical opinions considering the Veteran's military occupation as a water safety survival instructor.
- Dismissed
The Veteran's appeals for effective dates and initial ratings have been dismissed due to the withdrawal of his appeal by his representative.
- Dismissed
The appeal of depression, anxiety, and distress is dismissed as the Veteran's PTSD encompassing these symptoms was granted. The respiratory disability (asthma) claim is granted. Tinnitus and lumbar spine and ankle disabilities are also granted. Bilateral hearing loss remains denied.
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