The Board has determined that the Veteran's claims for initial compensable ratings for post-traumatic headaches and traumatic brain injury should be remanded due to errors in obtaining relevant federal records, clarifying the nature of a community care neurological consult, and considering the ameliorating effects of medication.
The deciding factor: Errors occurred in obtaining relevant federal records and clarifying the nature of a community care neurological consult. The Board cannot consider the ameliorating effects of medication when assigning initial ratings for disabilities not managed with medication.
- Claimed conditions
- post-traumatic headaches, traumatic brain injury
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 21, 2021
- Citation
- A21017083
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 A21017083.
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 determined that additional development is needed for the claims on appeal, including obtaining any outstanding treatment records and scheduling VA examinations to assess the current severity of service-connected disabilities. The Veteran's representative also requested reevaluation of his service-connected disabilities.
- Dismissed
The Veteran's appeal has been dismissed as he withdrew his appeal prior to the Board making a decision.
- Dismissed
The appeal has been dismissed due to the Veteran's death during the pendency of the appeal.
- Remanded (sent back)
The Board has granted service connection for moderate persistent reactive airway disease without complication. The claims for sleep apnea, hypertension (high blood pressure), and traumatic brain injury are remanded due to the failure to obtain relevant VA treatment records.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.