The Board has remanded the claim for service connection of residuals of traumatic brain injury (TBI) due to a motor vehicle accident, as it is unclear whether the Veteran was impaired at the time of the accident. The case requires further development and an addendum opinion from a toxicologist regarding the Veteran's alcohol consumption history.
The deciding factor: The Board found that the February 2018 VHA expert opinion did not adequately address whether the Veteran was a chronic abuser of alcohol, which could have impacted his ability to drive at the time of the accident.
- Claimed conditions
- residuals of traumatic brain injury (TBI)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 22, 2019
- Citation
- 19180085
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.
- Partly granted
The Board granted service connection for tonsilitis and a left shoulder disability, but denied service connection for residuals of traumatic brain injury (TBI), right ankle, and left ankle disabilities. The claim for a higher rating for GERD was also denied.
- Denied
The Board denied the veteran's claim for service connection for residuals of traumatic brain injury (TBI), finding that there was no evidence of a current disability and no nexus to service.
- Remanded (sent back)
The Board remands the appeal for further development, including obtaining relevant private treatment records and reexamining service-connected residuals of TBI.
- Dismissed
The Veteran withdrew the appeal for all issues, including initial ratings and service connection for persistent depressive disorder, residuals of TBI, and headaches.
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