The Board has remanded the claims of service connection for TBI and SMC based on need for aid and attendance due to potential toxic exposure in service, including Gulf War service. The Veteran is presumed to have a toxic exposure unless there is affirmative evidence to establish no toxic exposure.
The deciding factor: The PACT Act presumes toxic exposure for Persian Gulf War veterans who served in Southwest Asia during the Persian Gulf War, and the Veteran's TBI and Alzheimer's disease are related to service due to his toxic exposure.
- Claimed conditions
- residuals of a traumatic brain injury (TBI), headache disorder, an additional psychiatric disorder including Alzheimer's disease
- How they argued it
- Presumptive (no nexus needed)
- Exposure basis
- Gulf War
- Rating assigned
- None in this decision
- Decision date
- October 12, 2023
- Citation
- 23055836
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 23055836.
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.
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The Veteran's claims for service connection for residuals of a traumatic brain injury, seizure disorder, photophobia, and headaches are being remanded due to the need to obtain Social Security Administration records.
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The Veteran's claims for service connection for weight gain, sleep disorder, BPPV, and headache disorder are being remanded due to the need for additional medical opinions.,Specifically, a VA examiner is required to provide an opinion regarding whether the Veteran's BPPV and headache disorder are causally or etiologically related to his military service.
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