The Board has found pre-decisional duty to assist errors in the service connection claims for TBI residuals, BPPV, and migraines. The Veteran's head injuries during service are acknowledged, but there is insufficient evidence linking her current conditions to these incidents.
The deciding factor: The examination reports did not address whether the Veteran's current conditions (BPPV and/or headaches) are related to her in-service head injury.
- Claimed conditions
- Traumatic Brain Injury (TBI) residuals, Benign Paroxysmal Positional Vertigo (BPPV), Migraines
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 17, 2023
- Citation
- A23028651
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 A23028651.
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.
- Partly granted
The Veteran's PTSD was granted a maximum disability rating of 100 percent effective December 12, 2022. The ratings for migraines and IBS with GERD were restored from noncompensable to their previous levels.
- Denied
The Board denied the veteran's claims for service connection for PTSD, COPD, a gastrointestinal disability, and migraines due to lack of evidence supporting a link between these conditions and her military service.
- Partly granted
The Board granted an effective date of April 5, 2018, for the award of service connection for PTSD and denied earlier effective dates for erectile dysfunction, left ear hearing loss, migraines, and other conditions.
- Granted
The Board granted service connection for degenerative arthritis and spinal stenosis of the lumbar spine, degenerative disc disease and spinal stenosis of the cervical spine, migraines, and tinnitus secondary to PTSD.
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