The Board has remanded the cases due to inadequate consideration of the Veteran's lay statements regarding his in-service TBI and related symptoms. The cases are also remanded for additional development, including obtaining private treatment records from Dr. H., associating outside treatment records with the claims file, and scheduling a VA examination for sinusitis.
The deciding factor: The Board found that the April 2020 decision was inadequate as it did not discuss an October 2018 VA examiner's opinion regarding the credibility of the Veteran's lay statements. The cases are remanded to allow for further development and consideration of these issues.
- Claimed conditions
- residuals of a traumatic brain injury (TBI), headaches, an acquired psychiatric disorder other than PTSD secondary to TBI, sinusitis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- May 24, 2021
- Citation
- 21031541
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 21031541.
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 Board has determined that the Veteran's headaches are at least as likely as not caused by his service-connected traumatic brain injury, and thus grants service connection for this condition.
- Remanded (sent back)
The Board has remanded the case due to incomplete development of records and will provide a supplemental statement of the case if necessary.
- Partly granted
The Board has not made a final determination on the claims of service connection for inguinal hernia, PTSD, joint pain, fibromyalgia, left knee disability, right knee disability, tinnitus, chronic fatigue syndrome, respiratory disability, sleep disorder, IBS, and headaches. The claims are remanded to obtain additional evidence and determine if these conditions are related to service.
- Granted
The Veteran's claim for service connection for headaches was reopened due to new and material evidence, and the Board found that his current headaches are related to service. Service connection is granted.
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