The Board has decided to remand the case due to inadequate evidence regarding whether the Veteran requires a higher level of care for his service-connected disabilities, including Traumatic Brain Injury, PTSD, and chronic headaches.
The deciding factor: The last VA examination was conducted over three years ago, and there is no recent opinion on whether the Veteran needs a higher level of care as stipulated under 38 U.S.C.A. § 1114(r)(2).
- Claimed conditions
- Traumatic Brain Injury, Post Traumatic Stress Disorder (PTSD), Chronic Headaches
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 22, 2019
- Citation
- A19000338
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.
- Denied
The Board denied service connection for multiple conditions, including PTSD, IBS, cardiac arrhythmia, CFS, chronic headaches, chronic sinusitis, dyspnea, and fibromyalgia. The claim for bilateral pes planus was remanded.
- Denied
The Board denied the veteran's claims for a higher rating for PTSD and service connection for irritable bowel syndrome, migraine headaches, and traumatic brain injury.
- Partly granted
The Board granted an increased rating of 70 percent for PTSD from September 27, 2022, and denied the claims for a compensable rating for urethral injury with urinary incontinence and right ear hearing loss. The claim for service connection for chronic headaches as secondary to the right shoulder was also granted.
- Denied
The Board denied increased ratings for PTSD, interstitial lung disease, allergic rhinitis, and chronic sinusitis. The claims for service connection were remanded.
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