The Board has decided to remand the case due to insufficient evidence regarding whether the Veteran's current TBI is related to service or secondary to his service-connected psychiatric disability. The VA needs to obtain updated treatment records and conduct a VA examination to determine if the Veteran has any residuals of a TBI, specifically caused by an in-service nose injury in 1998, and if it is at least as likely as not aggravated by his service-connected major depressive disorder.
The deciding factor: The Board found that there was insufficient evidence regarding whether the Veteran's current TBI is related to service or secondary to his service-connected psychiatric disability. The VA needs to obtain updated treatment records and conduct a VA examination to determine if the Veteran has any residuals of a TBI, specifically caused by an in-service nose injury in 1998, and if it is at least as likely as not aggravated by his service-connected major depressive disorder.
- Claimed conditions
- Traumatic Brain Injury (TBI), Major depressive disorder with anxiety symptoms
- How they argued it
- Secondary to another service-connected condition
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- June 24, 2019
- Citation
- 19149290
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.
- Granted
The Board granted a rating of 70 percent for posttraumatic stress disorder (PTSD) and traumatic brain injury (TBI), as the Veteran's symptoms most nearly approximated occupational and social impairment with deficiencies in most areas.
- Granted
The Veteran's effective date for the award of a 100 percent rating for PTSD with alcohol use disorder moderate and TBI was granted as of October 22, 2019.
- Denied
The Board denied earlier effective dates for the grant of service connection and increased evaluations for GERD, sinusitis, allergic rhinitis, and TBI.
- Denied
The Board denied an initial compensable disability rating for the Veteran's service-connected traumatic brain injury (TBI) as the evidence did not support a finding of symptoms related to TBI residuals.
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