The Veteran's claim for an initial compensable rating prior to August 19, 2013 and in excess of 10 percent from that date for herpes simplex virus II is being remanded due to the need to apply both old and new rating criteria. The AOJ should also obtain any additional medical records and provide the Veteran with an opportunity to identify healthcare providers who have treated him since the March 2014 supplemental statement of the case.
The deciding factor: The claim requires application of both pre- and post-August 30, 2002 rating criteria for skin disabilities.
- Claimed conditions
- Herpes Simplex Virus II
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- September 23, 2016
- Citation
- 1637384
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 1637384.
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 Veteran's herpes simplex virus II and atopic dermatitis were found to meet the criteria for a 60 percent rating from December 21, 2011 to February 18, 2016.
- Denied
The Veteran's appeal for an increased rating for her gynecological disorder and TDIU was denied. The Board found that the evidence did not support a finding of unemployability solely due to service-connected disorders.
- Granted
The veteran's herpes simplex virus II is currently evaluated as 60 percent disabling on and after August 30, 2002. The right ear disability remains noncompensable under the old rating criteria but becomes compensable under the new criteria.,Service connection for herpes simplex virus keratitis of the right eye has been granted.
- Denied
The Board denied the veteran's claims for increased ratings for his service-connected lumbar myositis, psychoneurosis and conversion hysteria, residuals of shrapnel wounds of the left thigh and pelvis with retained foreign bodies and scars, and residuals of shell fragment wounds of the right thigh and left leg. The veteran was also denied entitlement to a total disability rating based on individual unemployability due to service-connected disabilities.
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