The Board of Veterans' Appeals has remanded the case to the RO for additional development due to a lack of rationale in selecting an analogous diagnostic code and because of new VCAA requirements. The veteran's claim for an initial rating in excess of 0 percent for genital herpes is being reviewed.
The deciding factor: The decision was remanded by the Court due to insufficient rationale provided by the Board regarding the selection of a diagnostic code, as well as the need to comply with the Veterans Claims Assistance Act of 2000 (VCAA).
- Claimed conditions
- genital herpes
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- September 20, 2001
- Citation
- 0122927
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 0122927.
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.
- Denied
The Veteran's claim for a higher rating for genital herpes is denied as the highest schedular rating of 60% has been achieved. The claim for TDIU based on service-connected disabilities is also denied due to the presence of other service-connected conditions and the fact that the Veteran does not meet the criteria for a combined 100% disability rating.
- Partly granted
Entitlement to an effective date prior to April 30, 2013 for the award of service connection for eczema is denied.,Entitlement to a TDIU from January 28, 2015 to May 26, 2017 is granted, subject to the laws and regulations governing the award of monetary benefits. Entitlement to a TDIU prior to January 28, 2015 is denied.,Entitlement to SMC at the housebound rate from January 28, 2015 to May 26, 2017 is granted, subject to the laws and regulations governing the award of monetary benefits.
- Remanded (sent back)
The Veteran is already receiving TDIU benefits from November 17, 2015. The Board finds that he was unable to secure and follow a substantially gainful occupation due to his service-connected disabilities prior to March 21, 2013.
- Remanded (sent back)
The Board has decided to remand the case due to insufficient evidence regarding the Veteran's service connection for genital herpes, specifically due to unclear duty status during critical periods.
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