The Board has reopened the Veteran's claim for service connection for residuals of a TBI due to new and material evidence. However, the claim is remanded as there are insufficient VA examination records to make a decision on the merits.
The deciding factor: The VA examiner did not consider all reported symptoms and lay statements regarding head injuries during service, which could be related to a TBI.
- Claimed conditions
- Traumatic Brain Injury (TBI), Memory loss, Concentration difficulties, Irritability, Headaches, Bowel incontinence when startled, Hearing disruptions such as electrical sounds in his ears, Blurred vision, Blackouts, Passing out, Balance problems with falling down
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 1, 2023
- Citation
- 23012529
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 23012529.
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 granted service connection for a traumatic brain injury (TBI) and its residuals, including unsteady gait, somnolence, and cognitive dysfunction. The decision is based on the Veteran's credible lay statements about in-service head injuries and subsequent seizures.
- Remanded (sent back)
The Board has denied the Veteran's claims for initial compensable ratings for obstructive sleep apnea and headaches, finding that the evidence does not support a finding of persistent daytime hypersomnolence or other manifestations consistent with a compensable disability rating under the criteria established by Diagnostic Codes. The matter is remanded to obtain additional information from the Veteran regarding his headaches and their impact on his daily life.
- Denied
The Board has determined that the Veteran does not have a current diagnosis of Traumatic Brain Injury (TBI) and therefore, service connection for TBI is denied.
- Granted
The Veteran's OSA is granted as secondary to PTSD, but his headaches are denied due to lack of service connection.
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