The Board has determined that the Veteran's appeal should be restored to the VA legacy system and his September 2019 VA Form 10182 is accepted as a timely Notice of Disagreement (NOD). The Veteran will need to file a VA Form 9 substantive appeal to perfect his appeal for the issues on remand.
The deciding factor: The Board's decision improperly docketed the appeal in the AMA system, which was not applicable at the time. As such, the appeal should be restored to the legacy system and proceed as if it is awaiting receipt of a timely NOD from the Veteran.
- Claimed conditions
- status post removal of plantar warts, left foot, anal fissure, hematochezia, left foot metatarsalgia, internal/external hemorrhoids, left shoulder recurrent pain, fracture, left bicep area, left hand avulsion fracture, first metatarsal
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- September 8, 2023
- Citation
- 23049744
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. Read the original VA decision (opens in a new tab) using citation 23049744.
What this means for you
A remand sends an issue back for more development, often a new examination or missing records. It does not award the benefit or decide the final outcome. The original decision explains the additional work ordered.
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 increased disability ratings and service connection were dismissed. The Board found that the Veteran withdrew his appeal as to the issues of entitlement to increased disability ratings for left foot metatarsalgia, tinnitus, left wrist disability, right foot plantar warts, and for service connection for right foot plantar warts at a September 2024 hearing. Service connection was granted for migraines.
- Dismissed
The Board has dismissed the appeals because the Veteran died during the pendency of the appeal.
- Remanded (sent back)
The Veteran's appeal is remanded for additional development regarding his claims of service connection and increased ratings for PTSD, sleep apnea, right knee disability, limitation of left knee extension, limitation of left knee flexion, and left shoulder disability.
- Remanded (sent back)
The Board has dismissed the appeals for disability evaluations and service connection due to improper claims processing. The cellulitis claim is remanded as a medical examination was not conducted.
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