The Board has decided to remand the case due to errors in fulfilling its duty to assist, including not obtaining relevant medical records and failing to provide a VA examination. The Veteran's claim for service connection for a head injury is being returned to the AOJ for further action.
The deciding factor: The decision was based on pre-decisional duty to assist errors, specifically the lack of contemporaneous medical records and failure to obtain relevant treatment records from the Lyster Army Hospital and during incarceration periods.
- Claimed conditions
- head injury
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- July 30, 2024
- Citation
- A24042189
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. Read the original VA decision (opens in a new tab) using citation A24042189.
What this means for you
A remand sends an issue back for more development, often a new examination or missing records. It does not award the benefit or decide the final outcome. The original decision explains the additional work ordered.
What you can do next
Use your own notice and decision stage. A remanded issue is not a final court-appealable denial. VA review guidance and CAVC filing instructions (U.S. federal; reviewed October 7, 2026).
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Whole decision: Remanded (sent back)
The Board has remanded the Veteran's claims for service connection due to a duty to assist error in obtaining missing service treatment records. The AOJ is instructed to attempt to obtain these records and conduct any necessary development, including VA examinations.
- Whole decision: Denied
The Board has denied the Veteran's claims for service connection for back spasms, confusion/memory loss, depression, fatty tumors on back, and head injury as there is no current diagnosis or in-service event to support these conditions.
- Whole decision: Denied
The Veteran's head injuries and post-traumatic headaches following an October 2023 VA shuttle bus incident are not compensable under 38 U.S.C. §1151 because the injuries occurred before any treatment or examination by VA.
- Whole decision: Dismissed
The Board dismissed the appeal because the Veteran's notice of disagreement was untimely filed, more than one year after the issuance of the June 2019 and April 2021 rating decisions.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.