The Board is remanding the case to provide the Veteran with proper notice regarding his claims to reopen service connection for a back disability and varicose veins of the right thigh, as well as to address the underlying merits of these claims.
The deciding factor: The Veteran has not received the necessary 38 U.S.C.A. § 5103(a)-compliant notice regarding the reasons for the previous denials and what constitutes new and material evidence to reopen his claims on the merits.
- Claimed conditions
- back disability to include lumbar fibromyositis, varicose veins of the right thigh
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- July 10, 2012
- Citation
- 1223727
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 1223727.
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.
- Granted
The Board has determined that the Veteran's varicose veins of the right thigh, lumbar spondylosis and discogenic disease, and left lower extremity radiculopathy had onset in service and are related to such. As a result, these conditions have been granted service connection.
- Granted
The Veteran's application for a total disability rating based on individual employability (TDIU) due to service-connected disabilities was granted effective May 6, 1994. The Board found that the evidence supported the conclusion that the Veteran was unable to secure and follow substantially gainful employment due to his service-connected disabilities.
- Remanded (sent back)
The Board has remanded the case due to scheduling issues and will schedule a hearing for the Veteran.
- Granted
The Board has reopened the Veteran's claims for service connection for varicose veins of the right thigh and a back disability. The evidence now shows that these conditions may be related to service, including heavy lifting during his time as an aviation mechanic.
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