The Board has found pre-decisional duty to assist errors and the claims are remanded for further development, including VA examinations and TDIU evaluation.
The deciding factor: There was a pre-decisional duty to assist error due to the lack of psychiatric examination in accordance with 38 C.F.R. § 4.14, DC 8045, and the need for an adequate medical examination regarding the Veteran's symptoms related to his service-connected disabilities.
- Claimed conditions
- residuals of a head injury, migraine headaches associated with residuals of a head injury
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 15, 2023
- Citation
- A23032099
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 A23032099.
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 Board dismissed the appeal for service connection of residuals of a head injury. The Veteran's claim for service connection of tinnitus was granted.
- Denied
The Board denied service connection for residuals of a head injury and right thumb disability, finding no current disabilities or persistent symptoms related to these conditions during the pendency of the appeal.
- Remanded (sent back)
The Board has denied service connection for bilateral hearing loss and remanded the claim of residuals of a head injury due to insufficient evidence in the VA examination reports.
- Remanded (sent back)
The Veteran's neck condition is remanded due to a lack of VA examination.,The Veteran's residuals of a head injury are remanded due to a lack of VA examination.,The Veteran's low back condition is remanded due to a lack of VA examination.,The Veteran's acquired psychiatric disorder is remanded due to a lack of VA examination.
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