The veteran seeks an earlier effective date for a 50 percent rating for a cognitive disorder with headaches and personality change due to head trauma, which was granted in June 27, 2000. The case is being remanded because the issue of whether there was clear and unmistakable error (CUE) in the February 1977 decision that granted service connection for headaches and evaluated them as noncompensable needs to be adjudicated first.
The deciding factor: The earlier effective date claim is based on a potential CUE in the February 1977 rating decision, which may affect the finality of the original grant of service connection.
- Claimed conditions
- cognitive disorder, not otherwise specified (NOS), headaches, personality change
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 15, 2008
- Citation
- 0801562
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 0801562.
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 headaches are at least as likely as not caused by his service-connected traumatic brain injury, and thus grants service connection for this condition.
- Remanded (sent back)
The Board has remanded the case due to incomplete development of records and will provide a supplemental statement of the case if necessary.
- Partly granted
The Board has not made a final determination on the claims of service connection for inguinal hernia, PTSD, joint pain, fibromyalgia, left knee disability, right knee disability, tinnitus, chronic fatigue syndrome, respiratory disability, sleep disorder, IBS, and headaches. The claims are remanded to obtain additional evidence and determine if these conditions are related to service.
- Granted
The Veteran's claim for service connection for headaches was reopened due to new and material evidence, and the Board found that his current headaches are related to service. Service connection is granted.
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