The Veteran's claim for a compensable rating for TBI with post-concussion syndrome is remanded due to inadequate VA examination. The claim for an increased rating for his acquired psychiatric disability remains pending and requires issuance of a Statement of the Case (SOC).
The deciding factor: The VA examiner did not provide specific symptom attributions between TBI and PTSD, which was deemed insufficient.
- Claimed conditions
- Traumatic Brain Injury with Post-Concussion Syndrome, Acquired Psychiatric Disability (including PTSD, Anxiety Disorder not otherwise specified, and Cognitive Impairment not otherwise specified)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 4, 2019
- Citation
- 19124369
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 Veteran's anxiety disorder is rated at 70 percent, which exceeds the requested rating of 30 percent.,CAD is currently rated at 30 percent and does not warrant a higher rating due to the absence of congestive heart failure or left ventricular dysfunction with an ejection fraction of 30 to 50 percent.,The thoracolumbar spine disability is rated at 20 percent, which corresponds to forward flexion limited to 60 degrees during flare-ups and after repetitive use testing. The Veteran's symptoms do not meet the criteria for a higher rating due to lack of left ventricular dysfunction or ankylosis.,Left knee chondromalacia is rated at 10 percent, which corresponds to objective evidence of painful motion without loss in range of motion on flexion. The Veteran's symptoms do not warrant a higher rating.,GERD with hiatal hernia is rated at 10 percent and does not meet the criteria for a higher rating due to lack of considerable impairment of health.
- Granted
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- Remanded (sent back)
The Board remands the claim for a medical examination to determine if the Veteran's current neck strain is related to his in-service activities.
- Remanded (sent back)
The Board remands the claim for a rating in excess of 70 percent for PTSD due to an inadequate medical opinion.
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