The Board has determined that the Veteran's claim for VR&E services, including independent living assistance, was not properly considered due to a pre-decisional duty to assist error. The case is being remanded to provide the necessary assessments and determine eligibility for such services.
The deciding factor: The decision found a pre-decisional duty to assist error in denying the Veteran's claim based on his lack of employment handicap, but with multiple service-connected disabilities resulting in a combined evaluation of 100 percent. The case is being remanded to assess independent living needs and eligibility for VR&E services.
- Claimed conditions
- traumatic brain injury with syncope and schizoaffective disorder, bipolar type, bronchial asthma/allergies, strain and degenerative disc disease of the lumbar spine, radiculopathy of the right lower extremity, left knee injury, residuals of a left knee injury, a left knee scar, anemia, posttraumatic headaches
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 16, 2024
- Citation
- A24066220
Veterans Law Judge
Decisions by this judge: 1,757 · Granted: 23% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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 A24066220.
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 Veteran's eligibility for PCAFC benefits is remanded due to the AOJ's failure to address whether it is in the best interest of the Veteran to participate in the program. The Board finds that the Veteran has been in need of personal care services for at least six continuous months based on an inability to perform the ADL of bathing.
- Remanded (sent back)
The Veteran's claims for earlier effective dates and increased ratings are being remanded due to the need for further review of the evidence. The Board is unable to determine if there was a factual increase in disability prior to the effective dates requested, or if service connection should be granted based on the current evidence.
- Dismissed
The Board has dismissed all service connection claims and rating determinations due to the Veteran's withdrawal of his appeal.
- Denied
The Veteran's service-connected disabilities did not prevent him from maintaining employment in the construction industry, and he was able to work with accommodations such as sedentary work and frequent breaks. The Board denied his claim for a TDIU.
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