The Board has determined that there were errors in the decision-making process and has ordered a remand for several issues, including obtaining private treatment records related to the Veteran's headache disability and TBI, as well as conducting necessary development for entitlement to a Total Disability Rating Due to Individual Unemployability (TDIU).
The deciding factor: The Board found that there were pre-decisional duty to assist errors in not obtaining pertinent private treatment records and conducting appropriate development for the TDIU claim.
- Claimed conditions
- Headache disability, Traumatic brain injury (TBI)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 28, 2022
- Citation
- A22024057
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 A22024057.
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 service connection claims for traumatic brain injury and migraine headaches due to right eye removal are granted. The claim for a compensable evaluation of xeroderma of the right eye is remanded.
- Denied
The Veteran's claim for service connection for gastroesophageal reflux disease (GERD) was denied because the disability is not shown as chronic in service and did not manifest to a compensable degree within the applicable presumptive period; continuity of symptomatology is not established; and the disability is not otherwise etiologically related to an in-service injury or disease.,The Veteran's claim for service connection for a lumbar spine disability was denied because the disability was not shown as chronic in service and did not manifest to a compensable degree within the applicable presumptive period; continuity of symptomatology is not established; and the disability is not otherwise etiologically related to an in-service injury or disease.,The Veteran's claim for service connection for a traumatic brain injury (TBI) was denied because there is no evidence of loss of consciousness or memory impairment following the motor vehicle accident during service, and post-service VA treatment records do not show a diagnosis of TBI.
- Granted
The Veteran's headache disability is granted as service-connected. The left foot condition and lung cancer claims are remanded due to the need for additional medical opinions.
- Remanded (sent back)
The Board has remanded the cases for further development and consideration due to inadequate opinions regarding the Veteran's cervical spine condition and TBI. The VA will obtain an adequate opinion on both issues.
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