The Board remands the claims for service connection and increased ratings due to a lack of probative medical evidence addressing the Veteran's reported in-service head injury and other conditions, as well as incomplete development by the AOJ.
The deciding factor: The VA examiner's opinions were found inadequate because they did not fully consider the Veteran's lay statements regarding his in-service head injury and other symptoms, which the Board has previously found to be competent and credible. Additionally, there was a need for further development of the record before addressing the merits of the appeal.
- Claimed conditions
- traumatic brain injury (TBI), occasional finger numbness, tingling, and joint pain of the left hand, migraine headaches, frontal sinusitis, gastroesophageal reflux disease (GERD), hemorrhoids with blood in the stool, lumbosacral and thoracic strains, tinea corporis, bilateral hearing loss, cervical spine condition, colon polyps, dizziness, hernia, right hip condition, left hip condition, right shin splints, left shin splints, right shoulder condition, left shoulder condition, numbness and tingling of the right leg and toes, numbness and tingling of the left leg and toes, occasional finger numbness, tingling, and joint pain of the right hand, rhinitis, right ankle condition, right elbow condition, right knee condition
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 20, 2024
- Citation
- 24033257
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 granted service connection for left knee strain, right knee strain, right wrist strain, and TBI. The Veteran's PTSD rating was remanded for further development.
- Granted
The Veteran's migraine headaches were granted a 50 percent disability rating, effective August 8, 2023, due to very frequent completely prostrating and prolonged attacks that are productive of severe economic inadaptability.
- Dismissed
The Veteran withdrew his appeals for service connection for gastroesophageal reflux disease (GERD) and pernicious anemia, and the Board dismissed both appeals.
- Granted
The Board granted a 50 percent rating for the Veteran's migraine headaches based on prostrating attacks occurring more than once a month and severe economic inadaptability.
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