The veteran's claim for an increased disability rating for service-connected diplopia was denied due to his failure, without good cause, to report for a VA examination which was necessary for an informed adjudication of the claim.
The deciding factor: The veteran failed to report for scheduled VA examinations and provided no adequate reason or good cause for his absence. As a result, there is insufficient evidence to evaluate the severity of his service-connected diplopia.
- Claimed conditions
- diplopia, skin disability (chloracne), seizure disorder, organic brain syndrome, stomach disability, residuals of a spine cord injury, central nervous disorder of the hands and feet, peripheral neuropathy, ulnar neuropathy, prostatitis
- How they argued it
- Direct service connection
- Exposure basis
- Agent Orange / herbicides
- Rating
- Not verified here — check the original decision
- Decision date
- February 11, 2009
- Citation
- 0904992
Veterans Law Judge
Decisions by this judge: 1,555 · Granted: 19% (granted or partly granted, in the indexed 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. Search VA.gov for the original decision (opens in a new tab) using citation 0904992.
What this means for you
A final Board denial may be appealed to the U.S. Court of Appeals for Veterans Claims, generally within 120 days of the Board mailing date. A Supplemental Claim with new and relevant evidence is a separate option. Another Higher-Level Review of the Board decision is not available. Check your own notice: this historical decision does not set your deadline.
What you can do next
Use your own notice and decision stage. A remanded issue is not a final court-appealable denial. VA review guidance and CAVC filing instructions (U.S. federal; reviewed October 7, 2026).
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Whole decision: Remanded (sent back)
The Board has remanded the claims for shin splints, right knee disability, acquired psychiatric disorder (depression), stomach disability, and left ear hearing loss due to errors in providing notice of the right to a hearing.
- Whole decision: Remanded (sent back)
The Board has remanded several issues related to the Veteran's claims for service connection, including sinusitis, sleep apnea, a stomach disability, left hand carpal tunnel syndrome, right hand carpal tunnel syndrome, and a back disability. The appeals are pending further examination or evidence.
- Whole decision: Remanded (sent back)
The Board has decided that the Veteran's claim for a higher rating for ulnar neuropathy of the right upper extremity should be remanded due to incomplete evidence.
- Whole decision: Dismissed
The appeal seeking to establish entitlement to a TDIU prior to July 30, 2019 and basic eligibility for DEA under 38 USC chapter 35 is dismissed as the pending Legacy system appeal fully encompasses and exceeds the scope of this AMA version of the issues.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.