The case is being remanded for additional development and consideration, including providing VCAA notice and scheduling VA examinations.
The deciding factor: The Court vacated the prior Board decision due to failure in complying with the duty to notify under the Veterans Claims Assistance Act of 2000 (VCAA) and ordered a new VA examination to assess current severity of service-connected disabilities and their impact on employability.
- Claimed conditions
- Residuals of encephalitis with sixth nerve palsy (eyes), Arthritis of the cervical spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 25, 2009
- Citation
- 0907031
Veterans Law Judge
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 0907031.
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.
- Granted
The Board granted a total disability rating based on individual unemployability (TDIU) for the period on appeal, as the Veteran's service-connected disabilities rendered him unable to maintain gainful employment.
- Denied
The Board has denied the Veteran's claims of service connection for thoracolumbar and cervical spine disabilities, finding that there is no evidence linking these conditions to his military service.
- Granted
The Veteran's service-connected migraine headaches have been rated at the maximum schedular disability rating of 50 percent since July 12, 2010. Additionally, from July 12, 2010, a TDIU has also been granted due to the combined effect of multiple service-connected disabilities.
- Granted
The Veteran's service-connected posttraumatic headaches and arthritis of the cervical spine, thoracolumbar spine, and left ankle rendered him unable to secure or follow a substantially gainful occupation since his retirement in October 2009.
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.