The Veteran's appeal for an increased rating for head injury residuals, other than headaches, is remanded due to the inadequacy of the July 2023 TBI examination. Further clarification or a more detailed rationale is required regarding the overlap between TBI residuals and service-connected major depressive disorder, fibromyalgia, and spine-associated neurologic disability.
The deciding factor: The July 2023 TBI examiner failed to address the Veteran's claimed motor issues and did not separate symptoms of TBI residuals from other service-connected disabilities without resorting to speculation.
- Claimed conditions
- head injury residuals, memory problems
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 30, 2023
- Citation
- 23063489
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 23063489.
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.
- Partly granted
The Veteran's claim for service connection for headaches was granted, while claims for peripheral neuropathy of the right and left upper extremities were denied. Other claims were remanded.
- Remanded (sent back)
The Board remands the claims for service connection for various conditions, including joint pain, depression, CFS, headaches, immune system dysfunction, memory problems, yeast/fungal infection, and head congestion, to correct pre-decisional duty to assist errors.
- Denied
The Board denied service connection for bone cancer, liver abscess, shortness of breath, memory problems, PTSD, diabetes mellitus type II, multiple myeloma, thrombocytopenia, and hypertension. The Veteran was granted service connection for hypertension, multiple myeloma, and thrombocytopenia under the PACT Act effective August 10, 2022.
- Partly granted
The Board granted service connection for tinnitus and denied it for sinusitis. Other claims were remanded for further development.
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