The Veteran's claim for service connection for breathing disability has been remanded. The claims for increased ratings for residuals of TBI and post-concussion headaches associated with TBI have been granted, but subject to the law and regulations governing the award of monetary benefits.
The deciding factor: New evidence received since the last final denial relates to unestablished facts necessary to substantiate the claim for service connection for breathing disability.
- Claimed conditions
- Breathing disability, Residuals of traumatic brain injury (TBI), Post-concussion headaches associated with TBI
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- April 30, 2020
- Citation
- 20030539
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 20030539.
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 found that the Veteran does not have a current diagnosis of a breathing disability and therefore denied his claim for service connection.
- Remanded (sent back)
The Board remands the claims for higher initial disability ratings for PTSD, TBI, and left ulnar nerve damage due to a duty-to-assist error in not obtaining service treatment records and VA examinations.
- Remanded (sent back)
The Board is remanding the claims for service connection due to a regulatory duty to assist error.
- Partly granted
The Board granted a disability rating of 70 percent for service-connected PTSD with substance abuse disorders, a separate 10 percent rating for residuals of TBI effective October 23, 2008, and a separate 40 percent rating for residuals of TBI effective October 11, 2016. The Board also granted special monthly compensation based on the need for aid and attendance.
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