The Board has remanded the claims for Traumatic Brain Injury, Migraine Headaches, Left Knee Chondromalacia, Right Knee Chondromalacia, and Total Disability Rating Based on Individual Unemployability (TDIU) due to failure of the Veteran to attend scheduled VA examinations.
The deciding factor: The Veteran failed to appear for scheduled VA examinations without good cause, which led to denial of his claims. The Board will remand these matters again to schedule the Veteran for a VA examination in a manner that would give him the best opportunity to attend based on the circumstances of the scheduling of the examination.
- Claimed conditions
- Traumatic Brain Injury (TBI), Migraine Headaches, Left Knee Chondromalacia, Right Knee Chondromalacia
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- May 20, 2020
- Citation
- 20035079
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 20035079.
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 Veteran's 50% disability rating for migraine headaches was restored as the evidence did not show actual improvement in his ability to function under ordinary conditions of life and work.
- Granted
The Board has granted service connection for a traumatic brain injury (TBI) and its residuals, including unsteady gait, somnolence, and cognitive dysfunction. The decision is based on the Veteran's credible lay statements about in-service head injuries and subsequent seizures.
- Denied
The Board has determined that the Veteran does not have a current diagnosis of Traumatic Brain Injury (TBI) and therefore, service connection for TBI is denied.
- Granted
The Veteran's migraine headaches are rated at a 50 percent rating, effective December 3, 2021, due to frequent and severe attacks that significantly impact his ability to work.
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