The Board denied service connection for the cause of the veteran's death due to insufficient evidence, but failed to consider an autopsy report and additional VA records. The motion argues that these missing records could have changed the outcome.
The deciding factor: The error in not considering the missing records did not manifestly change the outcome as there was no clear indication that service connection would have been granted.
- Claimed conditions
- Meningitis, Viral Encephalitis
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 2, 2006
- Citation
- 0606041
What this means for you
A denial is a starting point, not the end of the road. You can see why this claim fell short — and, if you are still inside the one-year window, the appeal lanes that may remain open to you.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Partly granted
The Board granted service connection for posttraumatic stress disorder and tinnitus, while denying service connection for various other disabilities including the right ankle, left ankle, right shoulder, left shoulder, right knee, left knee, heart, respiratory, kidney, venous thrombosis, urinary hesitancy, acute metabolic encephalopathy, hypertension, obstructive sleep apnea, sleep disturbance, abdominal distension, atherosclerotic peripheral vascular disease, neurological disability, chronic fatigue syndrome, erectile dysfunction, stroke, skin disability, fibromyalgia, bilateral foot pain, hammer toes, tinea pedis, meningitis, GERD, traumatic brain injury, and irritable bowel syndrome. The Board also remanded the claims for service connection for hearing loss and a back disability.
- Partly granted
The Board granted service connection for diabetes, OSDD, and bilateral lower extremity peripheral neuropathy associated with diabetes. The claim for meningitis was denied.
- Remanded (sent back)
The Board has reopened the claim for service connection for Lyme disease and remanded all other claims related to various disabilities, including those claimed as secondary to Lyme disease.
- Remanded (sent back)
The Board has remanded the Veteran's claims of service connection for bilateral shoulder and knee disabilities due to inadequate medical opinions. The claims are being returned for further development.
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