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
- Seizures, Right foot condition, Right elbow condition, Right shoulder condition, Residuals of a head injury, to include a scar above the left eyebrow
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- May 16, 2008
- 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.
- Denied
The Board denied readjudication of the claims for service connection for bilateral hearing loss, aphthous ulcers, a right elbow condition, an enlarged prostate, a right ankle disorder, and a left ankle disorder as no new and relevant evidence was received.
- Denied
The Board denied service connection for vertigo, secondary to tinnitus and a compensable rating for the cesarean section scar. The claims for service connection for left ankle condition, right ankle status post achilles tendon repair, right shoulder condition, left shoulder condition, osteoarthritis of both hips, right wrist condition, and left wrist condition were remanded.
- Granted
The Veteran is granted special monthly compensation (SMC) based on the need for regular aid and attendance, effective December 8, 2025.
- Remanded (sent back)
The Board remands the claims for service connection for a heart condition, adjustment disorder with mixed anxiety and depressed mood, chronic, residuals of frostbite to the right and left lower extremities, and a right foot condition due to pre-decisional duty to assist errors.
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