The Board is remanding the case to determine if the February 10, 1984 rating decision should be reversed or amended on grounds of clear and unmistakable error (CUE). The veteran also seeks an earlier effective date for his service-connected residuals of a fractured left clavicle. Additionally, he claims that the September 16, 1999 rating action involving skull loss and forehead scar should be reversed or amended on grounds of CUE.
The deciding factor: The Board is remanding to determine if there was clear and unmistakable error (CUE) in the February 10, 1984 rating decision.
- Claimed conditions
- skull loss, left forehead scar, residual of craniotomy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- June 10, 2004
- Citation
- 0415008
Veterans Law Judge
Decisions by this judge: 673 · Granted: 27% (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 0415008.
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 Board has granted a higher level of SMC at the rate payable under 38 U.S.C. § 1114(t) for the Veteran's service-connected TBI residuals, finding that they require a 'higher level of care' and necessitate nursing home care without regular aid and attendance.
- Granted
The Veteran's service-connected disabilities have rendered him unable to secure and maintain substantially gainful employment, warranting a total disability rating based on individual unemployability.
- Remanded (sent back)
The Veteran's claim for an increased disability rating for his service-connected chronic brain syndrome (CBS) associated with brain trauma and severe neurotic reaction is being remanded due to the need for additional development, including a VA TBI examination.
- Denied
The Board found that the Veteran's service-connected disabilities did not cause or contribute substantially to his death. Additionally, he was not rated as totally disabled continuously for at least five years from separation and thus, DIC under 38 U.S.C.A. § 1318 is denied.
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