The Board has decided to remand the case due to procedural issues and new evidence, including statements, testimony, and medical opinions added to the record since the last time the RO addressed the merits in August 1999. The Veteran is entitled to a supplemental statement of the case addressing the merits of his claim for residuals of TBI.
The deciding factor: The Court found that the provisions of 38 C.F.R. § 20.204(b) were not met with respect to the concussion claim, and thus the issue on appeal is entitlement to service connection for residuals of a TBI (also claimed as concussion).
- Claimed conditions
- residuals of a traumatic brain injury (TBI), concussion
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- May 5, 2023
- Citation
- 23026191
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 23026191.
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 Veteran's claims for service connection for residuals of a traumatic brain injury, seizure disorder, photophobia, and headaches are being remanded due to the need to obtain Social Security Administration records.
- Remanded (sent back)
The Board has decided to remand the Veteran's claims for a right shoulder condition, cervical spine degenerative arthritis, and TBI residuals due to potential errors in obtaining necessary medical opinions.
- Granted
The Board has granted the Veteran's claim for service connection for residuals of a traumatic brain injury (TBI) due to in-service blast injuries, finding that the evidence is at least in approximate balance regarding the presence of a link between the Veteran's in-service injuries and his current TBI residuals.
- Denied
The Board has determined that the Veteran does not have a current diagnosis for any of the claimed conditions and thus, service connection is denied.
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