The Veteran's initial rating for TBI residuals is denied as the highest level of impairment (1) does not meet the criteria for a higher rating.,The Veteran's compensable rating for vascular headaches is denied due to less frequent prostrating attacks than required by the criteria.
The deciding factor: The VA examinations did not show any prostrating attacks, and there are no complaints of such attacks in the VA treatment records. The December 2016 private DBQ was found to be non-probative due to its inconsistent findings with other medical evidence.,VA examinations must include joint testing for pain on both active and passive motion, in weight-bearing and non-weight-bearing conditions. The Veteran's last examination did not meet these requirements.
- Claimed conditions
- Traumatic Brain Injury (TBI), Vascular Headaches, Low Back Disability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- September 1, 2020
- Citation
- 20057716
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 20057716.
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.
- Remanded (sent back)
The Board has decided to remand the Veteran's claims for increased ratings for his low back, left knee, and right knee disabilities due to inadequate VA examinations. The AOJ is instructed to obtain private treatment records from Mays & Schnapp Pain Management and schedule the Veteran for additional medical examinations.
- Granted
The Board has granted service connection for the Veteran's low back disability, including diagnosed degenerative arthritis with DDD other than intervertebral disc syndrome and spinal stenosis status post L3, L4, and L5 laminectomy. The decision is based on the Veteran's in-service injury and his ongoing symptoms since then.
- 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.
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