The Board remands the claims for a rating in excess of 70 percent for TBI residuals and peripheral vestibular disorder with PTSD, and an initial rating in excess of 30 percent for tension headaches due to missing records.
The deciding factor: Missing records from VA treatment facilities, private treatment providers, Dr. Thompson's June 2018 evaluation, Vet Center, and police reports and arrest records related to the Veteran's May 2023 confinement are required before a decision can be made.
- Claimed conditions
- traumatic brain injury (TBI) residuals and peripheral vestibular disorder with posttraumatic stress disorder (PTSD), tension headaches
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 26, 2024
- Citation
- 24004097
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.
- Denied
The Board denied service connection for various conditions, including tension headaches, bilateral plantar fasciitis, and a bilateral hearing loss disability. The Board also denied an initial compensable rating for the Veteran's headache disability.
- Denied
The Board denied the Veteran's claim for an initial compensable rating for tension headaches, alternatively diagnosed as migraine headaches, finding that the evidence did not show characteristic prostrating attacks averaging one in 2 months over the last several months.
- Remanded (sent back)
The Board remands the matter for a retrospective medical assessment regarding the severity of the Veteran's headaches without medication to determine if an earlier effective date for a 50 percent disability rating is warranted.
- Denied
The Board denied the Veteran's claim for an initial compensable rating for tension headaches, as the evidence did not show characteristic prostrating attacks averaging one in two months over the last several months.
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