The Veteran's claim for a higher rating for his service-connected TBI with insomnia, nausea, vomiting, and neurocognitive disorder prior to November 24, 2015 is being remanded due to the need for additional retrospective medical opinions.
The deciding factor: The Board found that there was insufficient evidence to determine when the Veteran's impairment of memory, attention, concentration, and executive functions became severe enough to warrant a higher rating prior to November 24, 2015.
- Claimed conditions
- Traumatic Brain Injury (TBI), Insomnia, Nausea, Vomiting, Neurocognitive Disorder
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 10, 2019
- Citation
- 19177757
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.
- Denied
The Board denied service connection for insomnia, fatigue, gallstones, varicose veins, anemia, colitis, and PTSD due to a lack of evidence supporting the claims.
- Partly granted
The Board granted a total disability rating based on individual unemployability (TDIU) but denied service connection for PTSD and a higher rating for the unspecified trauma and stressor related disorder/major depressive disorder/insomnia.
- 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.
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This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.