The Board has remanded the Veteran's claims for increased ratings for chronic cervical strain, chronic low back/mid back strain, and TBI. The claims are also inextricably intertwined with his claim for a total disability based on individual unemployability (TDIU). Additional evidence is needed to determine the current severity of the Veteran’s TBI.
The deciding factor: The Board found that an additional examination was necessary to assess the current severity of the Veteran's service-connected traumatic brain injury (TBI) due to the passage of time since the last VA examination, which may not be considered a contemporaneous medical examination sufficient to ascertain the current level of disability.
- Claimed conditions
- chronic cervical strain, chronic low back/mid back strain, traumatic brain injury (TBI)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 16, 2020
- Citation
- 20004010
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 service connection for left knee strain, right knee strain, right wrist strain, and TBI. The Veteran's PTSD rating was remanded for further development.
- Dismissed
The veteran's appeal requests for service connection and increased ratings were denied due to untimeliness, as the appeals were not filed within one year of the respective rating decisions.
- Denied
The Board denied service connection for various conditions, including bilateral plantar fasciitis, chronic pain syndrome, sciatic radicular pain of both legs, traumatic brain injury (TBI), shin splints of both legs, thoracic spondylosis, right shoulder strain, right wrist strain, acne, and allergic rhinitis.
- Remanded (sent back)
The Board remands the service connection claim for a traumatic brain injury to ensure that VA's duty to assist is followed and that the Veteran is afforded every possible consideration.
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