The Veteran's claim for an increased rating for encephalitis was received on September 4, 2014. The Board finds that the increase in disability occurred on February 16, 2016, when medical evidence reflected unsteady gait and staggering more than once weekly. Therefore, the effective date for a 30% rating is denied as it was not factually ascertainable prior to September 4, 2014.
The deciding factor: The increase in disability occurred on February 16, 2016, when medical evidence reflected unsteady gait and staggering more than once weekly. The effective date for a 30% rating is denied as it was not factually ascertainable prior to September 4, 2014.
- Claimed conditions
- encephalitis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 30%
- Decision date
- December 21, 2022
- Citation
- 22070924
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 22070924.
What this means for you
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Related decisions
Other Board decisions on a similar condition or argued the same way.
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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 Board has referred several service connection claims for the Veteran's claimed conditions, including heart disorder, encephalitis, GERD, pulmonary disorder, hypoxia, and prostate disorder. These claims are remanded due to incomplete VA treatment records and need further evaluation by VA medical experts.
- Denied
The Board denied service connection for an acquired psychiatric disability, encephalitis, ulnar nerve disability, and infertility as the evidence did not show a causal relationship to military service or any service-connected conditions.
- Denied
The Board denied the Veteran's claim for service connection for a neurological disorder, including encephalitis, finding that it did not manifest during or within one year of service and is otherwise unrelated to service.
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