The Veteran's claim for an initial compensable rating for residuals of a TBI and earlier effective dates for service connection have been remanded due to the need for additional evidence.,The Veteran's claims for increased ratings for PTSD and cervical strain with degenerative disc disease are also being remanded.
The deciding factor: The VA has not provided sufficient evidence or reasoning to support the initial compensable rating for TBI residuals, as there is no identified residual of a TBI in the medical records.
- Claimed conditions
- Residuals of Traumatic Brain Injury (TBI), Cervical Strain with Degenerative Disc Disease
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 9, 2021
- Citation
- 21007271
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 21007271.
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 Veteran's appeal is remanded for further development, including obtaining records from the Lancaster Vet Center and private mental health professionals.
- Granted
The Board has restored the Veteran's disability rating for PTSD and TBI residuals from 70% to 70%, effective October 28, 2020. The reduction was improper due to a lack of evidence demonstrating improvement in the Veteran's condition.
- Denied
The Veteran's PTSD with major depressive disorder and TBI residuals are currently rated at 70 percent, effective February 14, 2019. The appeal for a higher rating is denied.
- Remanded (sent back)
The Board has denied the Veteran's claim for a rating in excess of 70 percent for PTSD with cannabis use disorder, depressive disorder due to another medical condition and residuals of traumatic brain injury. The case is being remanded because an inadequate examination was conducted by the VA TBI examiner.
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