The Board has remanded the case due to inadequate statement of reasons and bases, including failure to discuss attempts to obtain an examination during incarceration.
The deciding factor: The April 2018 decision did not adequately address VA's duty to assist in obtaining a medical opinion regarding brain damage.
- Claimed conditions
- Brain Damage
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- July 9, 2019
- Citation
- 19152346
Veterans Law Judge
Decisions by this judge: 2,776 · 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 19152346.
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 Board found that the Veteran does not have a current diagnosis of brain damage and denied his claim for service connection.
- Granted
The veteran's claim for PTSD was reopened, and he is granted compensation under 38 U.S.C.A. § 1151 for additional peripheral vascular disease of the left leg due to VA treatment on April 22, 2002. The claim for brain damage is denied.
- Denied
The veteran's claims for effective dates earlier than August 31, 2001 were denied as the earliest date on which entitlement to special monthly compensation based on aid and attendance arose was August 31, 2001. The claim for brain damage under 38 U.S.C.A. § 1151 was also denied.
- Denied
The Board denied the veteran's claims for service connection for PTSD, hepatitis A, B, and C, bilateral pes planus, brain damage, TDIU, and pension benefits due to lack of verifiable in-service stressors and insufficient evidence linking current conditions to military service.
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