The Board has remanded several issues related to the Veteran's TBI, including rating higher than 10 percent for the condition and separate ratings for other residuals. The service connection for bilateral hearing loss disability as a TBI residual is also being remanded.
The deciding factor: The June 2020 decision was vacated by the Court due to inadequate reasons provided regarding the severity level of mild neurocognitive disorder, which warranted a higher rating than 10 percent. The July 2022 VA medical opinion concluded that the Veteran's score on the MMSE in January 2014 neuropsychological testing was not valid and suggested a higher rating.
- Claimed conditions
- Vertigo, Acquired Psychiatric Disorder (Generalized Anxiety Disorder and Insomnia), Stuttering or Slurring, Right Upper Extremity Peripheral Neuropathy, Bilateral Eye Post-Chiasmal Disorders and Dry Eye Syndrome, Total Disability Rating Due to Individual Unemployability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 30, 2023
- Citation
- 23005861
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 23005861.
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 remanded the claims of entitlement to service connection for vertigo and obstructive sleep apnea (OSA) due to a pre-decisional duty to assist error. The Veteran's hearing loss is not rated higher than 10 percent.
- Granted
The Veteran's claim for a separate rating of 30 percent for vertigo is granted, while the claim for an increased rating for tinnitus remains denied.
- Granted
Service connection for OSA is granted, and the Veteran's initial ratings for atrial fibrillation, right upper extremity peripheral neuropathy, left upper extremity peripheral neuropathy, right lower extremity peripheral neuropathy, left lower extremity peripheral neuropathy, right upper extremity neuralgia, and left upper extremity neuralgia are all granted at 10 percent.
- Remanded (sent back)
The Veteran's claims for service connection are remanded due to the need for further development, including verification of in-service stressors and toxic exposure assessments. The Board also requests a VA examination to address the etiology of his diagnosed mental health conditions and vertigo.
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