The Board has remanded the case due to deficiencies in the medical opinion provided regarding the Veteran's service-connected TBI. The examiner was asked to provide opinions on the nature and severity of the TBI prior to the Veteran's passing, including whether each identified symptom is at least as likely as not a residual of the TBI.
The deciding factor: The Board found that the medical opinion did not substantially comply with the remand directives due to its failure to discuss all relevant symptoms possibly attributable to the service-connected TBI and its failure to discuss the articles previously submitted by the Veteran.
- Claimed conditions
- Traumatic Brain Injury (TBI), Posttraumatic Stress Disorder (PTSD), Surgical Absence of the Right Eye, Paralysis of the Fifth Cranial Nerve, Right Side, Paralysis of the Seventh Cranial Nerve, Right Side, Multiple Facial Scars, Status Post Myocardial Infarction, Hypacusis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 4, 2023
- Citation
- 23013261
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 23013261.
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 claim for service connection for PTSD is granted as the evidence shows a current diagnosis of PTSD, an in-service stressor, and a medical link between the two.
- Denied
The Veteran's PTSD has been rated at 50% since March 23, 2004. The Board found that a higher rating is not warranted prior to February 15, 2005 due to the severity of his symptoms and their impact on his social and occupational functioning.
- Denied
The Board denied the Veteran's claims for service connection for PTSD and any acquired psychiatric disorder, finding that there was no evidence to support a link between his current mental health conditions and his military service.
- Granted
The Veteran's PTSD resulted in occupational and social impairment with reduced reliability and productivity, warranting a 70% disability rating. The Veteran also met the criteria for a TDIU due to his service-connected disabilities preventing him from securing or following a substantially gainful occupation.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.