The Board has remanded the Veteran's claims for service connection for a vestibular disorder and residuals of a TBI, as well as his claim for an increased rating for low back strain and initial rating in excess of 50 percent for PTSD. The issues are being returned to the AOJ for additional development.
The deciding factor: The Court found that the Board failed to account for conflicting statements regarding the Veteran's reported loss of consciousness during a mortar attack, and did not address 38 C.F.R. § 3.304(d), which allows combat veterans to establish service connection based on lay testimony only.
- Claimed conditions
- vestibular disorder, residuals of a traumatic brain injury (TBI)
- How they argued it
- Presumptive (no nexus needed)
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 7, 2019
- Citation
- 19109845
Veterans Law Judge
Decisions by this judge: 1,676 · Granted: 24% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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 19109845.
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 Veteran's claims for service connection for residuals of a traumatic brain injury, seizure disorder, photophobia, and headaches are being remanded due to the need to obtain Social Security Administration records.
- Remanded (sent back)
The Board has decided to remand the Veteran's claims for a right shoulder condition, cervical spine degenerative arthritis, and TBI residuals due to potential errors in obtaining necessary medical opinions.
- Granted
The Board has granted the Veteran's claim for service connection for residuals of a traumatic brain injury (TBI) due to in-service blast injuries, finding that the evidence is at least in approximate balance regarding the presence of a link between the Veteran's in-service injuries and his current TBI residuals.
- Remanded (sent back)
The Board has decided to remand the case due to a failure to provide a VA examination and obtain an etiology opinion regarding the Veteran's claimed in-service head injury.
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