The Board has remanded the veteran's claims for increased ratings due to incomplete development of her medical records and failure to provide proper VCAA notice.
The deciding factor: The VA failed to ensure compliance with the Veterans Claims Assistance Act of 2000 (VCAA) by providing appropriate 'Quartuccio sufficient' notice, as well as failing to obtain all pertinent VA treatment records and conduct necessary medical examinations.
- Claimed conditions
- right ulnar compression neuropathy, post-traumatic migraine headaches, L5-S1 radiculopathy on the right with a history of left great toe numbness, herpes simplex II
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 16, 2004
- Citation
- 0401891
Veterans Law Judge
Decisions by this judge: 1,987 · Granted: 15% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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 0401891.
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 Veteran's appeal for a total disability rating based on individual unemployability (TDIU) is remanded due to the need for additional evidence, specifically missing treatment records from John Lierly at Lakewood Behavioral Health.
- Remanded (sent back)
The Board has reopened the Veteran's service connection claim for a genitourinary condition, including gonococcal urethritis and herpes simplex II. The case is remanded to obtain a VA examination to determine the nature and etiology of these conditions.
- Remanded (sent back)
The Veteran's service-connected disabilities are deemed to have rendered him unemployable since November 2008, and the Board has referred the issue of TDIU prior to May 9, 2014, on an extraschedular basis for further consideration.
- Granted
The Board has granted service connection for tension and post-traumatic migraine headaches, finding that the Veteran's current symptoms are at least as likely as not related to in-service injury.
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