The Veteran's claims for increased ratings for right retropatellar pain syndrome, post concussive syndrome with anxiety and depression, mild neurocognitive disorder with unspecified anxiety disorder, and residuals of a closed head injury with occipital fracture are being remanded due to inadequate medical examinations.,The Veteran's claim for an initial rating in excess of 30 percent for post concussive syndrome with anxiety and depression is also being remanded as it is inextricably intertwined with his sleep disorder claim, which was previously remanded.
The deciding factor: The VA examinations provided were inadequate and did not comply with the requirements set forth by the Board. The Veteran's right knee disability, post concussive syndrome, mild neurocognitive disorder, and residuals of a closed head injury need to be reassessed.,The Veteran’s claim for an initial rating in excess of 30 percent for post concussive syndrome with anxiety and depression is being remanded as it is intertwined with his sleep disorder claim. The VA examinations provided were inadequate and did not address the symptoms related to the Veteran's TBI.
- Claimed conditions
- right retropatellar pain syndrome, post concussive syndrome with anxiety and depression, mild neurocognitive disorder with unspecified anxiety disorder, residuals of a closed head injury with occipital fracture
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- August 14, 2019
- Citation
- 19162835
Veterans Law Judge
Decisions by this judge: 2,287 · Granted: 23% (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 19162835.
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 appeal is remanded due to the RO failing to address his claims of CUE in the February 2005 rating decision regarding initial noncompensable ratings for bilateral plantar fasciitis, right retropatellar pain syndrome, left retropatellar pain syndrome, and left foot bunionectomy.
- Denied
The Veteran's service-connected disabilities did not preclude him from securing or following a substantially gainful occupation, and the Board denied his claim for total disability rating based on individual unemployability (TDIU).
- Remanded (sent back)
The Veteran's claim for service connection for a sleep disorder is denied as the Veteran’s fatigue with sleep disturbance does not constitute a separate disability for compensation purposes.,The Veteran's thoracic spine disability is currently evaluated at 10 percent from prior to November 26, 2014 and 20 percent thereafter. The claim for an increased rating for this condition is denied as the evidence shows that forward flexion of the thoracolumbar spine was limited to 40 degrees at worst.,The Veteran's right retropatellar pain syndrome is currently evaluated at 10 percent, and a higher initial rating is sought. The claim is remanded for further development.,The Veteran's post-concussive syndrome with anxiety and depression secondary to residuals of a closed head injury with occipital fracture from August 11, 2004, to March 11, 2017 is currently evaluated at 30 percent. A higher initial rating is sought and the claim is remanded for further development.,The Veteran's residuals of a closed head injury with occipital fracture are currently evaluated at 40 percent, and a higher initial rating is sought. The claim is remanded for further development.,The Veteran's mild neurocognitive disorder with unspecified anxiety disorder is currently evaluated at 70 percent, and a higher rating is sought. The claim is remanded for further development.
- Dismissed
The Veteran withdrew his appeal for an increased rating greater than 20 percent for a right knee disability from April 1, 2009.
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