The Veteran's service-connected encephalitis has been rated at 10 percent since November 16, 1953, and from March 17, 1956, to September 29, 2009. The appeal is denied as the current rating adequately reflects the severity of his condition.
The deciding factor: The Veteran's encephalitis has been rated based on its residuals under Diagnostic Code 8000, which does not allow for separate ratings for subjective symptoms unless they are inconsistent with the disease or more likely attributable to other diseases or no disease.
- Claimed conditions
- Encephalitis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 10%
- Decision date
- December 4, 2024
- Citation
- A24080551
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 A24080551.
What this means for you
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Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Veteran's service-connected encephalitis has been rated at 10 percent since November 16, 1953, and from March 17, 1956, to September 29, 2009. The appeal is denied as the criteria for a higher rating are not met.
- Granted
The Board has granted the Veteran's claims for service connection for Human Immunodeficiency Virus and all related complications, including Encephalitis and Neuropathy. The Veteran also received a grant for dental treatment purposes due to his HIV.
- Dismissed
The veteran's appeal requests for both increased disability rating and service connection were dismissed due to untimely filing.
- Remanded (sent back)
The Board has remanded the Veteran's claims for HIV and related complications, as well as his claim for dental treatment purposes due to HIV. The AOJ is instructed to verify the exact dates of each period of active duty, inactive duty training, and reserve service that the Veteran attended after May 1987.
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