The Veteran's service-connected anterior neck scar needs to be re-evaluated due to a duty-to-assist error in the previous rating decision. The AOJ must obtain color photographs of her scar and schedule an examination for a full evaluation.
The deciding factor: There was a duty-to-assist error that required obtaining untouched color photographs of the Veteran's service-connected anterior neck scar, which is evaluated under Diagnostic Code 7800.
- Claimed conditions
- anterior neck scar
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 14, 2019
- Citation
- A19002816
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 A19002816.
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 Veteran's claims for increased ratings and service connection were denied. The initial rating of 10 percent for migraines was granted, but the anterior neck scar and vertigo claims remain at their current non-compensable ratings.
- Partly granted
The Board granted readjudication of the claims for restoration of service connection and the claim for service connection for an acquired psychiatric disorder, as new and relevant evidence was received.
- Denied
The Board denied an evaluation in excess of 10 percent for the anterior neck scar and denied an effective date earlier than April 2, 2015, for the grant of service connection.
- Denied
The Board has determined that the grant of service connection for various conditions was clearly and unmistakably erroneous due to a lack of qualifying active duty, resulting in denial of the appeal.
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