The Veteran's claim for an increased rating in excess of 10 percent for herpes simplex virus is remanded due to the inadequacy of the October 2018 VA examination. A new examination is needed to assess the current severity and manifestations of the condition, including its functional impact on daily life.
The deciding factor: The examiner did not consider all relevant evidence of record, such as the Veteran's statements about his use of immunosuppressive drugs and frequent outbreaks, which could affect the assessment of his herpes simplex virus condition.
- Claimed conditions
- Herpes Simplex Virus
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 18, 2019
- Citation
- 19194818
Veterans Law Judge
Decisions by this judge: 3,038 · Granted: 30% (granted or partly granted, in the vetted decisions on this site)
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 19194818.
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 claim for TDIU was denied because the evidence did not show that he was unable to secure and follow substantially gainful employment due to his service-connected disabilities.
- Granted
The Veteran's herpes simplex virus is granted a 30 percent evaluation, effective January 22, 2019. The Veteran's Female Sexual Arousal Disorder (FSAD) remains noncompensable. SMC based on loss of use of a creative organ is granted.
- Remanded (sent back)
The Board has remanded the case for a medical opinion to determine if any of the claimed conditions were caused or aggravated by the Veteran's AML and/or treatments for AML prior to July 16, 2008.
- Denied
The Veteran's claim for service connection for herpes simplex virus is denied as there is no persuasive evidence of an in-service onset.,Service connection for the Pfannenstiel incision (scar) associated with herpes simplex virus is also denied due to lack of a link between the scar and any service-connected disability or disease.,The Veteran's GERD is not rated higher than 10 percent as it does not meet criteria for more severe manifestations such as persistent epigastric distress, pyrosis, substernal pain, or arm/shoulder pain.,For thoracolumbar IVDS with arthritis prior to December 11, 2019, the Veteran's disability is rated at 10 percent due to limitations in range of motion and no additional functional loss during flare-ups.,From December 11, 2019 onwards, the Veteran's thoracolumbar IVDS with arthritis warrants a rating of 40 percent as it results in more severe limitation of motion than before.,Right hip arthritis is rated at 10 percent due to limited range of motion and ability to cross legs. Left hip arthritis is also rated at 10 percent for similar reasons.,Bilateral corneal dystrophy with dry eye syndrome does not warrant a compensable rating as it only results in visual acuity impairment up to 20/40 bilaterally.,Left lower extremity radiculopathy and sensorimotor neuropathy prior to December 11, 2019 is rated at 10 percent due to mild incomplete paralysis. From that date onwards, it warrants a rating of 20 percent for moderate incomplete paralysis.,The Veteran's claims for higher ratings are denied as the evidence does not support additional functional loss or impairment beyond what is already accounted for in her current disability ratings.
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