The Board has decided to remand the claims for a TBI and acquired psychiatric disability, other than PTSD due to insufficient rationale in the May 2021 VA medical opinion regarding the etiology of the Veteran's TBI and TBI residuals. The claims are also associated with service connection.
The deciding factor: The Board finds that the May 2021 VA examination is inadequate as it relies on an inaccurate factual premise and fails to address the Veteran's contentions in providing an examination and opinion.
- Claimed conditions
- Traumatic Brain Injury (TBI), Acquired Psychiatric Disability, other than PTSD
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- August 5, 2023
- Citation
- 23043420
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 23043420.
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.
- Granted
The Board has granted service connection for a traumatic brain injury (TBI) and its residuals, including unsteady gait, somnolence, and cognitive dysfunction. The decision is based on the Veteran's credible lay statements about in-service head injuries and subsequent seizures.
- Denied
The Board has determined that the Veteran does not have a current diagnosis of Traumatic Brain Injury (TBI) and therefore, service connection for TBI is denied.
- Granted
The Veteran's claim for special monthly compensation based on aid and attendance due to service-connected TBI with PTSD is granted, effective September 6, 2018.
- Granted
The Veteran's claim for special monthly pension (SMP) based on the need for aid and attendance is granted due to his cognitive impairment resulting from a motor vehicle accident in 2018, which has rendered him unable to work and needing assistance with daily activities.
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