The Board has decided to remand the Veteran's claim due to a duty to assist error, specifically failing to provide a VA TBI examination. The Veteran is seeking service connection for residuals of traumatic brain injury (TBI), which may be associated with multiple falls during her military service.
The deciding factor: The decision was based on a failure to conduct a necessary VA examination in accordance with the duty to assist, as required by law and regulation.
- Claimed conditions
- residuals of traumatic brain injury (TBI), facial nerve symptoms, fatigue, problems with memory and comprehension
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- September 25, 2024
- Citation
- A24060492
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 A24060492.
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.
- Remanded (sent back)
The Board has determined that the AOJ did not obtain all necessary opinions regarding whether the Veteran's symptoms are related to an undiagnosed illness or medically unexplained chronic multisymptom illness (MUCMI). The claims for service connection for fatigue, fibromyalgia, left elbow disorder, right elbow disorder, and sleep disorder are remanded for further development.
- Granted
The Veteran's claim for service connection for migraine headaches, as secondary to tinnitus, is granted. The claims for service connection for hearing loss disability and a disability manifested by shortness of breath other than chronic sinusitis and allergic rhinitis are denied. The claims for service connection for an intestinal disability (diverticulitis), fatigue, hypertension, neck disability, right upper extremity radiculopathy, left upper extremity radiculopathy, right shoulder disability, left shoulder disability, upper and lower back disability, right lower extremity radiculopathy, left lower extremity radiculopathy, right hip disability, left hip disability, right foot pain, left foot pain, gastroesophageal reflux disease (GERD), and an acquired psychiatric disorder are all denied.
- Denied
The Board has denied the Veteran's claims for service connection for various conditions, including left leg shin splints, right leg shin splints, joint pain (claimed as arthritis), sleep apnea, fatigue, neck condition, acne, and lung condition. The evidence did not show a current disability or link to military service.
- Remanded (sent back)
The Veteran's appeal regarding service connection for residuals of TBI has been withdrawn. The cases of service connection for left shoulder and right knee disabilities are being remanded due to a duty to assist error.
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