The Board is remanding the case due to inadequate notice provided when reopening the previously denied claims for residuals of pneumonia and left leg injury. The Veteran must be notified of the specific bases for the June 2009 denial and what evidence would be necessary to substantiate the elements of service connection that were then found insufficient.
The deciding factor: The RO failed to provide proper notice as required by Kent v. Nicholson, which could affect the reopening of the previously denied claims.
- Claimed conditions
- residuals of pneumonia, residuals of left leg injury
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- August 15, 2013
- Citation
- 1325935
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 1325935.
What this means for you
A partial grant means some issues were granted while others were denied or remanded — common in multi-issue claims. Look at which issues went which way, and how each was argued.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Veteran's bilateral hearing loss is not service-connected as there is no evidence of a current disability.,The Veteran's residuals of pneumonia are service-connected due to his military service and the presence of lung scarring from previous pneumonia episodes.,The Veteran's acquired psychiatric disorder, including PTSD, is service-connected based on in-service stressors.
- Remanded (sent back)
The Veteran's claim for service connection has been remanded due to the submission of new and relevant evidence. The claims will be reconsidered on their merits.
- Denied
The Board denied the Veteran's claim for service connection for residuals of pneumonia, finding that there is no current disability to establish entitlement.
- Denied
The Board has denied service connection for bilateral hearing loss, tinnitus, and residuals of pneumonia as the evidence does not support a nexus between these conditions and military service.
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