The veteran is seeking an earlier effective date for a 50 percent rating for cerebral concussion with headaches, which was granted on January 23, 2004. The case is being remanded to ensure proper VCAA notification.
The deciding factor: The claim requires proper VCAA notification and development of the record before any further action can be taken.
- Claimed conditions
- cerebral concussion with headaches
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- May 3, 2006
- Citation
- 0612839
Veterans Law Judge
Decisions by this judge: 832 · Granted: 18% (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 0612839.
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 cause of death, metastatic esophageal cancer, was found to be proximately caused by his service-connected anxiety disorder. As a result, the Board granted service connection for the cause of the Veteran’s death.
- Granted
The Veteran's cerebral concussion with headaches was rated at 50 percent effective January 23, 2004. The Board found that the increase in disability occurred within one year prior to the claim and granted an earlier effective date of April 29, 2003.
- Denied
The veteran's claim for an earlier effective date for a 50 percent disability rating for cerebral concussion with headaches was denied as there is no medical evidence within the one year prior to January 23, 2004 that factually supports entitlement to a higher disability rating.
- Denied
The Board denied the veteran's claims for increased ratings for his service-connected lumbar myositis, psychoneurosis and conversion hysteria, residuals of shrapnel wounds of the left thigh and pelvis with retained foreign bodies and scars, and residuals of shell fragment wounds of the right thigh and left leg. The veteran was also denied entitlement to a total disability rating based on individual unemployability due to service-connected disabilities.
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