The Veteran's claims for compensation under 38 U.S.C. § 1151 and service connection for balance problems are remanded due to the need for a VA examination and medical opinion regarding the nature of his TBI residuals, causation, and whether he committed willful misconduct.
The deciding factor: The Board finds that a remand is warranted as there was an error in the pre-decisional duty to assist process, specifically failing to provide a VA examination prior to adjudication of the claims on appeal.
- Claimed conditions
- balance problems, residuals of a traumatic brain injury (TBI)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 17, 2021
- Citation
- A21020237
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 A21020237.
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 claims for service connection for residuals of a traumatic brain injury, seizure disorder, photophobia, and headaches are being remanded due to the need to obtain Social Security Administration records.
- Remanded (sent back)
The Board has decided to remand the Veteran's claims for a right shoulder condition, cervical spine degenerative arthritis, and TBI residuals due to potential errors in obtaining necessary medical opinions.
- Granted
The Board has granted the Veteran's claim for service connection for residuals of a traumatic brain injury (TBI) due to in-service blast injuries, finding that the evidence is at least in approximate balance regarding the presence of a link between the Veteran's in-service injuries and his current TBI residuals.
- Remanded (sent back)
The Board has decided to remand the case due to a failure to provide a VA examination and obtain an etiology opinion regarding the Veteran's claimed in-service head injury.
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