The Board has remanded all issues due to the failure of the AOJ to provide proper notice to the appellant's representative regarding a June 2016 rating decision. The CUE claim should be resolved prior to resolving the new and material evidence claim.
The deciding factor: The AOJ failed to provide proper notice to the appellant's representative regarding a June 2016 rating decision, which has not become final due to the pending CUE claim.
- Claimed conditions
- migratory polyarthritis, Reiter's syndrome, cervical spine disorder, thoracic spine disorder, hammer toes, lung disorder, heart disorder, erectile dysfunction, psychiatric disorder, left ankle disorder, left knee disorder
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- September 19, 2019
- Citation
- 19173024
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 19173024.
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.
- Dismissed
The Veteran's claim for an earlier effective date for diabetes mellitus type II with erectile dysfunction was denied as the evidence did not show that he had been diagnosed and manifested to at least a 10 percent disability rating on or prior to May 8, 2001.
- Denied
The Board denied service connection for diabetes mellitus, prostate cancer, visual impairment, hypertension, and erectile dysfunction due to lack of exposure to herbicide agents during service. The Veteran's claims were not granted.
- Granted
The Board has granted service connection for a cervical spine disorder, finding that the Veteran's current condition is at least as likely as not related to his active military service.
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