The Board is remanding the Veteran's claims for a back disorder and bursitis of multiple joints due to inadequate notice in the December 2008 decision, and because there are reasonable theories of entitlement raised by the record.
The deciding factor: The Court found that the December 2008 decision did not provide proper notification regarding the elements of the service connection claim and the definition of new and material evidence.
- Claimed conditions
- back disorder, bursitis of multiple joints
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 30, 2013
- Citation
- 1303123
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 1303123.
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 case due to the need for additional development, including obtaining SSA records and providing proper notice regarding secondary service connection.
- Remanded (sent back)
The Board has remanded the claims for service connection for a back disorder, high blood pressure, and type II diabetes mellitus due to errors in development of the claim.
- Remanded (sent back)
The Board has remanded the claims of entitlement to service connection for headaches, right hip disorder, left hip disorder, back disorder, and an acquired psychiatric disorder due to a failure to provide notice regarding the Veteran's right to a hearing.
- Dismissed
The Veteran's appeals for service connection for peripheral vascular disease of the bilateral lower extremities and a back disorder have been dismissed as he has withdrawn his appeal.
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