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 assigned
- None in this 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 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 0904992.
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- 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.
- 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.
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