The Board has determined that additional VCAA notice is required as the current notice did not include a list of service-connected disabilities and an explanation of the information or evidence needed to establish a disability rating and effective date.
The deciding factor: The Court's guidance in Hupp mandates providing such specific information for DIC claims based on service-connected conditions.
- Claimed conditions
- left rotator cuff atrophy, residual of injury of the left shoulder, degenerative disc disease of the cervical spine, residual, back injury, traumatic arthritis, residuals of a left wrist fracture, degenerative arthritis of the right wrist, degenerative changes of the left knee, diverticulitis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 23, 2012
- Citation
- 1236601
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 1236601.
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.
- Denied
The Veteran's claim of entitlement to service connection for a colon condition, including as caused by herbicide agent exposure or secondary to his service-connected disabilities, was denied. The Board found that the evidence did not support a finding of service connection on any basis.
- Remanded (sent back)
The Veteran's tinnitus and bilateral hearing loss are granted as service-connected. The Veteran's cervical spine disability is remanded for further examination to determine the current severity of his condition.
- Dismissed
The Veteran's appeals for a compensable rating for chronic diarrhea, service connection for diverticulitis, and service connection for a respiratory system disability to include restrictive lung disease and sleep apnea syndrome have been dismissed due to the Veteran's death.
- Granted
The Veteran's hypertension is granted a 10 percent rating.,Service connection for diverticulitis and basal cell carcinoma/skin cancer residuals with scarring are denied.
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