The Veteran's TBI is remanded due to a duty-to-assist error where the VA examiner did not address whether his bilateral hearing loss disability, tinnitus, sleep apnea, hypertension, unspecified neurocognitive disorder, cold intolerance and fatigue due to hyperthyroidism, Grave's disease, transient memory loss, nocturnal leg cramps, right upper extremity tingling and numbness, dizziness are related to his TBI. A retrospective opinion is needed.
The deciding factor: The VA examiner did not address the relationship between the Veteran's service-connected TBI and other disabilities such as bilateral hearing loss disability, tinnitus, sleep apnea, hypertension, unspecified neurocognitive disorder, cold intolerance and fatigue due to hyperthyroidism, Grave's disease, transient memory loss, nocturnal leg cramps, right upper extremity tingling and numbness, dizziness.
- Claimed conditions
- Traumatic Brain Injury (TBI), Bilateral hearing loss disability, Tinnitus, Sleep apnea, Hypertension, Unspecified neurocognitive disorder, Cold intolerance and fatigue due to hyperthyroidism, Grave's disease, Transient memory loss, Nocturnal leg cramps, Right upper extremity tingling and numbness, Dizziness
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 8, 2023
- Citation
- A23031445
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 A23031445.
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 Board denied service connection for bilateral hearing loss and tinnitus, finding that the Veteran's current conditions are not related to his military service.
- Denied
The Board denied the claim of service connection for hypertension, finding that it did not manifest during service and is not causally related to the Veteran's exposure to herbicides or service.
- Denied
The Board denied the Veteran's claim for service connection for hypertension, finding that there was no evidence of a nexus between his current condition and active duty service or herbicide exposure.
- Remanded (sent back)
The Board has remanded the Veteran's claims for sleep apnea and acquired psychiatric disorder (including PTSD) due to insufficient evidence of record. The Veteran is required to undergo VA examinations to determine if his conditions are related to service.
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