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
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.
- Granted
The Court of Appeals for Veterans Claims ruled that the criteria for entitlement to service connection for a back disability are met and that service connection is warranted.
- Denied
The Board denied the claims for service connection for arthritis of the lumbar spine and cervical spine as secondary to the Veteran's service-connected disabilities, and also denied entitlement to TDIU.
- Denied
The Board denied service connection for arthritis of the cervical spine, right shoulder, wrists, hips, and left ankle; carpal tunnel syndrome of the right wrist; degenerative joint disease (arthritis) of the lumbar spine to include residuals of surgery; and residuals of a left knee contusion to include arthritis.
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This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.