The Board has remanded the case due to inadequate medical opinion regarding whether the Veteran's TBI preexisted service and was aggravated by service.
The deciding factor: The VA examiner failed to provide a clear and definitive opinion on whether the Veteran's TBI clearly and unmistakably preexisted service or if it was aggravated during service.
- Claimed conditions
- residuals of traumatic brain injury (TBI)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- July 20, 2023
- Citation
- 23039941
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 23039941.
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The Veteran's appeal regarding service connection for residuals of TBI has been withdrawn. The cases of service connection for left shoulder and right knee disabilities are being remanded due to a duty to assist error.
- Denied
The Board denied service connection for anxiety, depression, teeth grinding, residuals of TBI, sleep disability, breathing disability, and IBS as there was no evidence showing these conditions were incurred or aggravated by military service.
- Dismissed
The Board has dismissed all service connection claims and rating determinations due to the Veteran's withdrawal of his appeal.
- Granted
The Veteran's service connection claim for residuals of traumatic brain injury (TBI) is granted as the TBI had its onset during active duty and has been recurrent since then.
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