The Veteran's claims for increased ratings and service connection are being remanded due to the need for additional development, including obtaining updated release forms for private treatment records and scheduling new VA examinations. Additionally, a medical opinion is required regarding the etiology of his psychiatric disorders.
The deciding factor: VA failed to provide proper notice to the Veteran about missing private treatment records and did not contact him after failing to obtain these records. The Board also found that an addendum medical opinion was needed for the Veteran's psychiatric disorders due to incomplete information in previous opinions.
- Claimed conditions
- Traumatic Brain Injury (TBI), Post-concussive headaches with migraine and tension features, Pseudofolliculitis barbae (PFB), Residuals of cervical strain, Right middle metacarpal fracture, Right ring metacarpal fracture, Thoracic strain, Left knee patellofemoral pain syndrome and shin splints, Right knee patellofemoral pain syndrome and shin splints, Instability due to left knee patellofemoral pain syndrome, Instability due to right knee patellofemoral pain syndrome, Right ankle strain
- How they argued it
- Secondary to another service-connected condition
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- September 25, 2023
- Citation
- 23053344
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 23053344.
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 cervical spine strain, right wrist sprain, right knee strain, left knee strain, and right ankle strain. The disabilities are all deemed to have begun during the Veteran's active duty.
- 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.
- Dismissed
The Board has dismissed the appeal for service connection of allergic rhinitis. Service connection is granted for a skin disorder (Pseudofolliculitis barbae) and denied for a chronic cervical spine disorder.
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