The Board has remanded the claims for service connection for various conditions due to the Veteran's failure to report for VA examinations. The issues of service connection are now pending and will be addressed by the AOJ.
The deciding factor: The Veteran failed to report for scheduled VA examinations, which constitutes a pre-decisional duty to assist error warranting remand.
- Claimed conditions
- tinnitus, bilateral hearing loss, an acquired psychiatric disorder (including PTSD), residuals of traumatic brain injury (TBI), migraines, a back disorder, right knee disorder, left knee disorder, residuals of gunshot wounds (legs and knees), residuals of left hand/finger injury
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 14, 2023
- Citation
- A23031943
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 A23031943.
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.
- Dismissed
The Veteran's appeal for service connection of bilateral hearing loss and a ruptured right ear drum was dismissed due to the death of the Veteran.
- Remanded (sent back)
The Board has remanded the case due to the need for additional development, including obtaining SSA records and providing proper notice regarding secondary service connection.
- Granted
The Veteran's claim for service connection for migraines was reopened due to new evidence. Service connection is granted for painful scars, but the rating assigned remains at 10 percent. The claims for fibromyalgia and bilateral shoulder disability are denied.
- Granted
The Board has determined that the Veteran's headaches are at least as likely as not caused by his service-connected traumatic brain injury, and thus grants service connection for this condition.
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