The Board has remanded the claims for service connection for a right knee disorder as secondary to service-connected residuals of a brown recluse spider bite, an initial disability rating higher than 10 percent for TBI (excluding migraine headaches), and entitlement to a total disability rating based on individual unemployability due to the need for additional development. The Board also directed VA to obtain relevant medical records and provide another VA examination.
The deciding factor: The claims are remanded as there has not been substantial compliance with previous Board directives regarding the increased rating issue for residuals of a brown recluse spider bite, and both sets of criteria (prior to October 23, 2008 and current) need to be considered for TBI.
- Claimed conditions
- Right knee disorder, Traumatic brain injury (TBI)
- How they argued it
- Secondary to another service-connected condition
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 12, 2023
- Citation
- 23022180
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. Read the original VA decision (opens in a new tab) using citation 23022180.
What this means for you
A remand sends an issue back for more development, often a new examination or missing records. It does not award the benefit or decide the final outcome. The original decision explains the additional work ordered.
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.
- Remanded (sent back)
The Board has remanded the claims for service connection and TDIU due to duty to assist errors that occurred prior to the rating decision on appeal. The Veteran's right knee disorder is being remanded for an addendum opinion regarding its etiology.
- Remanded (sent back)
The Board has decided to remand the case due to an error in notifying the Veteran of his right to a hearing, and not because of any issues with service connection.
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.