The veteran's claims for increased ratings are being held in abeyance pending further action by the RO.
The deciding factor: The medical evidence does not support a higher rating based on current symptoms and diagnostic criteria.
- Claimed conditions
- Cognitive disorder, not otherwise specified, secondary to a closed head injury, Facial nerve weakness with aphasia, secondary to closed head injury, Pre-patellar bursitis of the left knee, Tracheostomy scar, Weakness of the right lower extremity, secondary to a closed head injury, Weakness of the right upper extremity
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- 10%
- Decision date
- April 1, 2004
- Citation
- 0408416
Veterans Law Judge
Decisions by this judge: 504 · Granted: 31% (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 0408416.
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.
- Granted
The Veteran's service-connected disabilities rendered him unable to secure and maintain substantially gainful employment, leading to a TDIU rating.
- Remanded (sent back)
The Veteran's claims for PTSD with depression, diabetes mellitus, and weakness of the upper and lower extremities are being remanded due to the need for additional examinations to determine their current severity and etiology.
- Granted
The Veteran's service-connected disabilities, particularly multiple sclerosis and associated weakness of the right upper extremity and left and right lower extremity, result in the need for regular aid and attendance of another person. The Veteran has permanent and total service-connected disability due to the loss or use of both lower extremities, such as to preclude locomotion without the aid of braces, crutches, canes, or a wheelchair.
- Denied
The veteran's service-connected disabilities, including residuals of a shell fragment wound to the right tibia with ankylosis of the ankle, atrophy of the right thigh, mandible fracture residuals, healed rib fracture, facial scars, and chest scar, are currently rated as 60 percent disabling. The Board denied increased ratings for all service-connected conditions.
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