The Veteran's claims for service connection for TBI residuals, OSA, and headaches are remanded due to the failure to appear at scheduled VA examinations. The SMC claim is also remanded as it is inextricably intertwined with the other issues.
The deciding factor: The Veteran failed to appear for scheduled VA examinations which were necessary to determine the etiology of his claimed conditions, including TBI residuals, OSA, and headaches.
- Claimed conditions
- Traumatic Brain Injury (TBI) Residuals, Obstructive Sleep Apnea (OSA), Headaches
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 11, 2023
- Citation
- A23028112
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 A23028112.
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 Board has remanded the claims of entitlement to service connection for vertigo and obstructive sleep apnea (OSA) due to a pre-decisional duty to assist error. The Veteran's hearing loss is not rated higher than 10 percent.
- Remanded (sent back)
The Board has determined that the claims for service connection for OSA and insomnia must be remanded due to inadequate VA examinations and opinions, as well as a failure to obtain TERA opinions on all relevant exposures.
- Remanded (sent back)
The Board has decided to remand the Veteran's claims for an initial rating in excess of 50 percent for obstructive sleep apnea (OSA) and a separate rating for chronic pulmonary embolism due to inadequate VA examinations.
- 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.
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