The Board remands the case to obtain VA treatment records from 1982 through 1983 to determine if they could provide evidence of a worsening condition that would support an earlier effective date for the 30 percent rating.
The deciding factor: Remand is required due to potentially constructively received VA treatment records within one year of the initial service connection decision, which may impact the effective date determination.
- Claimed conditions
- encephalitis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 10, 2022
- Citation
- 22001119
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 Board remanded the claims for service connection of pancreatic cancer, Alzheimer's disease, and encephalitis due to a pre-decisional duty to assist error. The appellant contends that these conditions are related to in-service exposure to toxic chemicals.
- Remanded (sent back)
The issues of entitlement to service connection for residuals of a head injury and encephalitis were remanded for additional evidence, specifically an opinion from a medical specialist.
- Granted
The Board granted service connection for obstructive sleep apnea, effective from the date of the February 2025 rating decision.
- Remanded (sent back)
The Board remands the claim for a medical examination to determine if the Veteran's current neck strain is related to his in-service activities.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.