The Veteran's claims for increased evaluations of his cervical strain and TBI, as well as service connection for a respiratory disability (claimed as asthma) secondary to his service-connected neurocognitive disorder with mixed anxiety and depressive features, are being remanded due to the failure to schedule VA examinations. The issue of entitlement to a total disability rating based on unemployability due to service-connected disability is also being remanded.
The deciding factor: The Board found that the efforts made to schedule the Veteran for necessary VA examinations were insufficient and directed them to be rescheduled in order to substantially comply with previous remand directives.
- Claimed conditions
- Cervical strain, Traumatic brain injury (TBI), Respiratory disability (claimed as asthma)
- How they argued it
- Secondary to another service-connected condition
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- September 7, 2023
- Citation
- 23049244
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 23049244.
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 Veteran's service connection claims for traumatic brain injury and migraine headaches due to right eye removal are granted. The claim for a compensable evaluation of xeroderma of the right eye is remanded.
- Remanded (sent back)
The Veteran's claims for an initial disability rating in excess of 10 percent for cervical strain, service connection for left leg pain (claimed as joint pain), and service connection for a left ear hearing condition are being remanded due to duty-to-assist errors.
- Granted
The Board has granted service connection for cervical strain, low back disability, bilateral upper extremity peripheral nerve disability, and bilateral lower extremity peripheral nerve disability. The conditions are related to the Veteran's active service.
- Denied
The Veteran's claim for service connection for gastroesophageal reflux disease (GERD) was denied because the disability is not shown as chronic in service and did not manifest to a compensable degree within the applicable presumptive period; continuity of symptomatology is not established; and the disability is not otherwise etiologically related to an in-service injury or disease.,The Veteran's claim for service connection for a lumbar spine disability was denied because the disability was not shown as chronic in service and did not manifest to a compensable degree within the applicable presumptive period; continuity of symptomatology is not established; and the disability is not otherwise etiologically related to an in-service injury or disease.,The Veteran's claim for service connection for a traumatic brain injury (TBI) was denied because there is no evidence of loss of consciousness or memory impairment following the motor vehicle accident during service, and post-service VA treatment records do not show a diagnosis of TBI.
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