The Veteran's claim for service connection for a traumatic brain injury (TBI) is denied as there is no evidence of a TBI during or after service.,The Veteran's claims for service connection for respiratory/lung disability, neuropathy of bilateral upper extremities, and neuropathy of bilateral lower extremities are remanded due to insufficient medical opinions regarding the etiology of these conditions.
The deciding factor: There is no objective evidence of a TBI or residuals of a TBI during service. The Veteran's symptoms were attributed to his service-connected PTSD.,The VA examiner incorrectly stated that the Veteran had no exposure to herbicides or asbestos, which was inconsistent with previous findings. Additional medical opinions are needed to determine if the Veteran's conditions are related to exposure to herbicides.
- Claimed conditions
- Traumatic Brain Injury, Respiratory/Lung Disability (emphysema, collapsed lung, COPD), Neuropathy of bilateral upper extremities, Neuropathy of bilateral lower extremities
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 7, 2023
- Citation
- 23013647
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 23013647.
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.
- Denied
The Veteran's initial ratings for anxiety disorder and TBI were denied as the evidence did not meet the criteria for a higher rating.
- Remanded (sent back)
The Veteran's appeal for an initial disability rating in excess of 10 percent for service-connected traumatic brain injury is being remanded due to a procedural error.
- Granted
The Board granted entitlement to SMC under 38 U.S.C. § 1114(t) effective January 21, 2019, based on the appellant's need for regular aid and attendance due to his service-connected TBI.
- Denied
The Veteran's claim for a rating in excess of 70 percent for TBI is denied. The appeal for entitlement to TDIU is dismissed as moot.
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.