The Veteran's claim for an increased rating for post-traumatic headaches and residuals of concussion is being remanded to the RO for further review under the new criteria for traumatic brain injuries.
The deciding factor: The case involves a request to review the Veteran's disability evaluation under newly enacted criteria for traumatic brain injuries, which were made applicable to all benefits received by VA on or after October 23, 2008.
- Claimed conditions
- post-traumatic headaches, residuals of concussion
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 30%
- Decision date
- November 16, 2009
- Citation
- 0943509
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 0943509.
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 has remanded the Veteran's claims for service connection for residuals of concussion, memory loss, and traumatic brain injury due to inadequate examinations in the November 2024 decision.
- Denied
The Veteran's head injuries and post-traumatic headaches following an October 2023 VA shuttle bus incident are not compensable under 38 U.S.C. §1151 because the injuries occurred before any treatment or examination by VA.
- Granted
The Board has granted an effective date of September 7, 2018 for the assignment of a 50 percent rating for the Veteran's service-connected post-traumatic headaches. The decision is based on the fact that the Veteran submitted an intent to file for compensation with VA on September 7, 2018, and his claim was received by VA within one year of this submission.
- Remanded (sent back)
The Board has remanded the case for further development and consideration, including obtaining VA treatment records and a medical opinion regarding the Veteran's possible TBI. The claim of service connection for post-traumatic headaches remains pending.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
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.