The Veteran's claim for an earlier effective date for a 30 percent rating for cold weather residuals of the left and right lower extremities is being remanded due to issues raised by the Court regarding the hearing process. The Veteran was not provided with an opportunity to submit evidence regarding when his service-connected disability worsened.
The deciding factor: The Veterans Law Judge failed to fulfill their duties as a hearing officer under 38 C.F.R. § 3.103(c)(2) during the June 2008 videoconference hearing, which may have prejudiced the Veteran by not suggesting he should secure and submit evidence regarding when his service-connected disability worsened.
- Claimed conditions
- cold weather residuals of the left and right lower extremities
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 6, 2010
- Citation
- 1045592
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 1045592.
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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- Granted
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