The application to reopen the claims for service connection for TBI and left ankle disorder is granted. The applications for increased ratings of right shoulder rotator cuff tear and dislocation, lumbar spine strain, spinal stenosis and degeneration of the intervertebral disc are remanded. Effective date prior to August 28, 2013, claims for service connection for right shoulder rotator cuff tear and dislocation and osteoarthritis, and lumbar spine strain, spinal stenosis and degeneration of the intervertebral disc are also remanded.
The deciding factor: The decision is based on new evidence submitted by the Veteran that relates to an unestablished fact necessary to substantiate his claims for service connection. The applications for increased ratings and effective date determinations are remanded as they are inextricably intertwined with the reopening of these claims.
- Claimed conditions
- Traumatic Brain Injury (TBI), Left ankle disorder
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 28, 2018
- Citation
- 18161016
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 18161016.
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.
- Granted
The Board has granted service connection for a traumatic brain injury (TBI) and its residuals, including unsteady gait, somnolence, and cognitive dysfunction. The decision is based on the Veteran's credible lay statements about in-service head injuries and subsequent seizures.
- Denied
The Board has determined that the Veteran does not have a current diagnosis of Traumatic Brain Injury (TBI) and therefore, service connection for TBI is denied.
- Granted
The Veteran's claim for special monthly compensation based on aid and attendance due to service-connected TBI with PTSD is granted, effective September 6, 2018.
- Granted
The Veteran's claim for special monthly pension (SMP) based on the need for aid and attendance is granted due to his cognitive impairment resulting from a motor vehicle accident in 2018, which has rendered him unable to work and needing assistance with daily activities.
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