The Veteran's claim for a rating in excess of 40 percent prior to August 31, 2020, for mild traumatic brain injury (TBI) is being remanded due to the need for a retrospective VA examination.
The deciding factor: The Board found that the most recent VA examination prior to the Veteran's 2021 VA examinations was from 2015 and a retrospective VA opinion is needed to determine the severity of the Veteran's TBI prior to August 31, 2020.
- Claimed conditions
- mild traumatic brain injury (TBI)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 6, 2022
- Citation
- 22000766
Veterans Law Judge
Decisions by this judge: 2,188 · Granted: 23% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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 22000766.
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 Veteran's disability rating for mild traumatic brain injury (TBI) was improperly reduced from 40 percent to 0 percent. The Board has restored the 40 percent rating effective February 1, 2018.
- Denied
The Board denied the veteran's appeal to restore a 40 percent disability rating for mild TBI, effective January 1, 2023. The reduction was deemed proper due to the veteran's failure to attend scheduled examinations.
- Remanded (sent back)
The Veteran's claim for a higher disability rating for his mild traumatic brain injury (TBI) prior to August 31, 2020 is being remanded due to the need for a retrospective medical opinion.
- Remanded (sent back)
The Board has remanded the case due to non-compliance with prior remand directives and insufficient medical opinions regarding the severity of the Veteran's TBI prior to August 31, 2020. The Veteran was not given an opportunity to be interviewed by the examiner.
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