The Board remands the appeal to attempt to obtain statements or reports from the Military Police at Fort Knox concerning the alleged incident in late May or early June 1959.
The deciding factor: The RO failed to comply with the July 2004 Remand instructions to attempt to obtain any reports or statements filed with the Military Police at Ft. Knox concerning the alleged incident, violating VA's duty to assist under 38 C.F.R. § 3.159.
- Claimed conditions
- head injury
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 12, 2009
- Citation
- 0905202
Veterans Law Judge
Decisions by this judge: 122 · Granted: 24% (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 0905202.
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.
- Remanded (sent back)
The Board has remanded the Veteran's claims for service connection due to a duty to assist error in obtaining missing service treatment records. The AOJ is instructed to attempt to obtain these records and conduct any necessary development, including VA examinations.
- Denied
The Board has denied the Veteran's claims for service connection for back spasms, confusion/memory loss, depression, fatty tumors on back, and head injury as there is no current diagnosis or in-service event to support these conditions.
- Denied
The Veteran's head injuries and post-traumatic headaches following an October 2023 VA shuttle bus incident are not compensable under 38 U.S.C. §1151 because the injuries occurred before any treatment or examination by VA.
- Dismissed
The Board dismissed the appeal because the Veteran's notice of disagreement was untimely filed, more than one year after the issuance of the June 2019 and April 2021 rating decisions.
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