The Veteran's appeal is remanded for further development regarding the rating of his chronic brain syndrome and residuals of a right calcaneus fracture with post-traumatic changes, as well as entitlement to TDIU. An earlier effective date of July 19, 2006 is granted for the 50 percent rating currently assigned for chronic brain syndrome.
The deciding factor: The Veteran's symptoms have been present since at least July 19, 2006 and warrant a 50 percent rating. However, further development is needed to determine if a higher rating is warranted and whether the Veteran has marginal employment that would support TDIU.
- Claimed conditions
- chronic brain syndrome, residuals of a right calcaneus fracture with post-traumatic changes
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 50%
- Decision date
- January 3, 2020
- Citation
- 20000465
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 denied the Veteran's claim for service connection for sleep apnea, finding that there was no evidence of a relationship between his active duty service and his current condition. The Board also found that secondary service connection based on chronic brain syndrome and PTSD could not be granted.
- Denied
The veteran's claim for an increased rating for chronic brain syndrome was denied as the condition did not meet the criteria for a higher evaluation.
- Granted
The Board granted service connection for obstructive sleep apnea, effective from the date of the February 2025 rating decision.
- Remanded (sent back)
The Board remands the claim for a medical examination to determine if the Veteran's current neck strain is related to his in-service activities.
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