The Board has determined that additional development is necessary to determine if the veteran's dementia caused him to be violent and placed him in a dangerous situation, which led to his subdural hematoma and herniated cervical discs. The VA will need to obtain all relevant medical records from July through August 2001.
The deciding factor: The Board found that additional development is necessary due to incomplete medical records regarding the veteran's treatment prior to and during the incident in August 2001.
- Claimed conditions
- subdural hematoma, herniated cervical discs
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 9, 2004
- Citation
- 0409330
Veterans Law Judge
Decisions by this judge: 1,458 · Granted: 24% (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 0409330.
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 found new and relevant evidence for the claims of service connection for an acquired psychiatric disorder, a heart disorder, and a seizure disorder. The AOJ is required to readjudicate these issues in the first instance.
- Granted
The Board has granted service connection for the residuals of a subdural hematoma, secondary to service-connected right and left lower extremity radiculopathy, sciatic nerve. The decision is based on evidence that the Veteran's fall causing his subdural hematoma was due to his service-connected radiculopathy.
- Remanded (sent back)
The Board remands the issue of entitlement to service connection for the cause of the Veteran's death due to a pre-decisional duty-to-assist error.
- Remanded (sent back)
The Board remands the claim for service connection for subdural hematoma to correct a pre-decisional duty to assist error.
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