The Veteran's claim for hepatitis B was previously denied in November 1968 due to lack of evidence of injury or disease during service and a current disability. The Board is remanding the case to comply with the requirements of Kent v. Nicholson, including providing notice on what evidence would be needed to reopen and substantiate his claim.
The deciding factor: The Veteran's previous denial was based on insufficient evidence regarding in-service injury or disease and a current diagnosis of hepatitis B.
- Claimed conditions
- hepatitis B
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- September 21, 2010
- Citation
- 1035678
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 1035678.
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 Veteran withdrew his appeal for increased ratings for hepatitis B and C with chronic fatigue, migraines, cervical strain with degenerative arthritis, and chronic cartilage fracture at junction of 10th and 11th right rib complex.
- Remanded (sent back)
The Veteran's claim for service connection for sleep apnea is being remanded due to the submission of new and relevant evidence. The claim for a higher initial rating for hepatitis B remains denied.
- Denied
The Veteran's decreased sexual drive and erectile dysfunction were not found to be related to his military service, including exposure to herbicide agents.,The Veteran's hepatitis B and hepatitis C were not found to be related to his military service, including exposure to herbicide agents.
- Granted
The Veteran's hepatitis B is found to have originated during his active-duty service, and the Board grants service connection for this condition.
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