The veteran's claim for an increased evaluation for his service-connected post-traumatic encephalopathy is being remanded due to the need for additional development and notification under the Veterans Claims Assistance Act of 2000.
The deciding factor: The case was remanded because the VCAA requires that VA ensure full compliance with its duties to notify and assist in this claim.
- Claimed conditions
- post-traumatic encephalopathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- July 1, 2004
- Citation
- 0417753
Veterans Law Judge
Decisions by this judge: 2,421 · Granted: 29% (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 0417753.
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 determined that the Veteran's post-traumatic encephalopathy is related to his in-service shrapnel wound and grants service connection for this condition.
- Remanded (sent back)
The Board has remanded the case due to the Veteran's failure to report for a VA examination, and he needs another opportunity to provide evidence of his post-traumatic encephalopathy being related to service.
- Denied
The veteran's service-connected disabilities do not preclude him from obtaining or maintaining any form of substantially gainful employment consistent with his occupational experience and educational background. As a result, the claim for TDIU is denied.
- Granted
The Board has reopened the claims for enucleation of the right eye and post-traumatic encephalopathy, secondary to service-connected residuals of a right leg gunshot wound. Service connection is granted for both conditions.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.