The Board remands the case for further development, including a medical examination to determine the nature and etiology of the veteran's claimed conditions.
The deciding factor: Insufficient competent medical evidence on file requires a medical examination under McLendon v. Nicholson criteria.
- Claimed conditions
- Residuals of a head injury, to include a scar above the left eyebrow, Right elbow condition, Right foot condition, Right shoulder condition, Seizures
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- May 16, 2008
- Citation
- 0816245
Veterans Law Judge
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 0816245.
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 right foot condition, including pain and functional limitation, is related to service. The Veteran's right leg disability did not have an onset in service or manifest within a year of service, nor is it otherwise related to service or a service-connected disability. The Veteran's left leg disability also did not have an onset in service or manifest within a year of service, nor is it otherwise related to service or a service-connected disability.
- Remanded (sent back)
The Board has remanded the claims of service connection for psychiatric disorder, right shoulder condition, and right knee condition due to duty-to-assist errors.
- Remanded (sent back)
The Board has decided to remand the case due to a duty-to-assist error, and any evidence not considered will be reviewed by the AOJ in the adjudication of the claim.
- Remanded (sent back)
The Board has remanded the claims of service connection for a head injury, seizures, and generalized anxiety disorder due to insufficient evidence regarding their etiology.
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