The Board has decided to remand the case due to failure to provide proper notice for reopening a service connection claim.
The deciding factor: The VA failed to notify the Veteran of the definition of new and material evidence, why his previous claim was denied, and did not mention precisely what evidence is necessary to reopen the claim as required by Kent v. Nicholson.
- Claimed conditions
- head injury, facial scars
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- July 6, 2015
- Citation
- 1528731
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 1528731.
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.
- Dismissed
The Veteran's appeals for the proposed reduction of facial scars, an increased rating for tinnitus, and service connection for migraines have been dismissed due to untimely filings or lack of good cause.
- Remanded (sent back)
The Board has remanded the Veteran's claims for service connection due to a duty to assist error in obtaining missing service treatment records. The AOJ is instructed to attempt to obtain these records and conduct any necessary development, including VA examinations.
- Remanded (sent back)
The Board has remanded the claims of service connection for skin cancer, facial scars, impairment of cranial nerve V and VII, left eye condition with watering and dryness, and left shoulder pain due to a duty-to-assist error in obtaining an adequate medical opinion regarding the relationship between these conditions and service.
- Denied
The Board has denied the Veteran's claims for service connection for back spasms, confusion/memory loss, depression, fatty tumors on back, and head injury as there is no current diagnosis or in-service event to support these conditions.
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