The Board has determined that additional development is needed to determine the nature and etiology of any currently present TBI, headache disability, and respiratory disability. The Veteran's service records do not contain evidence of a head injury or TBI during his active service. However, he contends that he was struck in the head by a flying speaker during a hurricane in 1961 and had difficulty breathing after being exposed to asbestos while serving aboard a ship.
The deciding factor: The Board finds the VA medical opinions inadequate for adjudication purposes due to lack of consideration of certain aspects of the Veteran's claims, particularly his lay assertions regarding head injuries and exposure to asbestos during service.
- Claimed conditions
- headache disability, traumatic brain injury (TBI), respiratory disability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- May 15, 2019
- Citation
- 19137512
Veterans Law Judge
Decisions by this judge: 2,050 · Granted: 32% (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 19137512.
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 regarding entitlement to service connection for a headache disability and entitlement to an initial disability rating in excess of 10 percent prior to May 29, 2014, and in excess of 20 percent thereafter for right tibiofibular ligament strain are being remanded due to the need for additional development.
- Partly granted
The Board has not made a final determination on the claims of service connection for inguinal hernia, PTSD, joint pain, fibromyalgia, left knee disability, right knee disability, tinnitus, chronic fatigue syndrome, respiratory disability, sleep disorder, IBS, and headaches. The claims are remanded to obtain additional evidence and determine if these conditions are related to service.
- Remanded (sent back)
The Veteran's claims for service connection on the merits are being remanded due to new evidence and development needs. The maximum disability rating for tinnitus has already been assigned.
- Remanded (sent back)
The Board has decided to remand the claims for service connection and rating of left lower extremity radiculopathy, headache disability, and bilateral hearing loss due to an error in notifying the Veteran of her right to a pre-decisional hearing.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.