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
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 service connection for various conditions, including a head injury, headache disorder, erectile dysfunction, left earache disorder, chronic fatigue, right shoulder disorder, irritable bowel syndrome, right foot disorder, GERD, and left shoulder disorder, as the evidence did not support current diagnoses of these conditions.
- Partly granted
The Board granted a 30 percent rating for right hand strain status-post fracture of the third metacarpal and denied service connection for various other conditions including a right ankle condition, foot disability (torn Achilles tendon), acquired psychiatric disability, ear condition, head injury, left leg disability, and low back disability.
- Dismissed
All appeals for higher initial ratings and service connection were dismissed as they were duplicative of previously addressed appeals or due to untimely filings.
- Remanded (sent back)
The Board remands the claim for service connection for head injury due to an inadequate medical opinion that failed to consider the Veteran's reported symptoms.
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