The Veteran's claim for SMC-T is remanded due to a duty to assist error. He should be provided an examination to determine if he requires the aid and attendance of another person as a result of his service-connected residuals of a traumatic brain injury.
The deciding factor: The Veteran did not refuse a VA examination, but the rating decision incorrectly assumed he declined one.
- Claimed conditions
- residuals of a traumatic brain injury
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 22, 2019
- Citation
- A19002101
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.
- Dismissed
The Board dismissed the appeal due to an impermissible concurrent election of review lanes.
- Remanded (sent back)
The appeal for service connection for residuals of a traumatic brain injury is remanded due to incomplete evidence and the need for further examination.
- Granted
The Board granted service connection for residuals of a traumatic brain injury, finding the evidence is in approximate balance as to whether the Veteran's current residual symptoms share a nexus with an in-service injury.
- Remanded (sent back)
The appeal for a total disability rating due to individual unemployability (TDIU) has been remanded. The Board will review additional records and consider an extraschedular TDIU.
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This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.