The Board has determined that the claims of entitlement to earlier effective dates for service connection and an initial rating in excess of 10 percent for residuals of aseptic meningitis, as well as TDIU prior to August 21, 2008, are still pending. The AOJ is directed to obtain the Veteran's service personnel records and consider whether there was clear and unmistakable error (CUE) in the December 1961 rating decision that denied service connection for residuals of aseptic meningitis. Additionally, the AOJ must re-adjudicate these claims.
The deciding factor: The Board finds it necessary to remand these issues due to procedural errors and pending CUE claim regarding the December 1961 rating decision.
- Claimed conditions
- Right upper extremity peripheral neuropathy, Left upper extremity peripheral neuropathy, Right lower extremity peripheral neuropathy, Left lower extremity peripheral neuropathy, Residuals of aseptic meningitis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- May 29, 2018
- Citation
- 18105963
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 18105963.
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 Veteran's TDIU and DEA claims are remanded due to duty-to-assist errors prior to the rating decision on review. The effective date for TDIU is set at January 31, 2021, based on the last day of employment. However, the RO needs to obtain SSA records regarding earnings from July 2020 to January 31, 2021, to determine if the Veteran's employment was marginal.
- Granted
The rating reduction from 20 percent to 10 percent for the service-connected right lower extremity peripheral neuropathy was improper, and restoration of the 20 percent rating is granted. The Veteran's claim for an increased rating for the right lower extremity peripheral neuropathy is denied.
- Granted
The Veteran's GERD, neck disability, right and left upper extremity peripheral neuropathy have been granted service connection with effective dates of September 27, 2023.
- Granted
The Veteran's disability ratings for right and left upper extremity peripheral neuropathy, as well as right and left lower extremity peripheral neuropathy, were restored to their previous levels of 70%, 60%, 30%, and 30% respectively, effective from February 12, 2025.
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