The Board remands the claims for service connection for TBI, brain surgery, bilateral upper and lower extremity weakness and incoordination, dysphagia, anosmia, and vertigo due to insufficient VA examinations and opinions.
The deciding factor: The failure to provide sufficient VA examinations and opinions constitutes a pre-decisional duty to assist error, requiring remand.
- Claimed conditions
- traumatic brain injury (TBI), brain surgery, bilateral upper extremity weakness and incoordination, bilateral lower extremity weakness and incoordination, dysphagia, anosmia, vertigo
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 18, 2024
- Citation
- A24067190
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.
- Denied
The Board denied the Veteran's claims for service connection for vertigo and a total disability rating based on individual unemployability (TDIU) due to insufficient evidence linking his current condition to active service or any incident of service.
- Dismissed
The veteran's appeal requests for service connection and increased ratings were denied due to untimeliness, as the appeals were not filed within one year of the respective rating decisions.
- Denied
The Board denied the veteran's claims for service connection, higher ratings, and earlier effective dates, as well as dismissed his claim for a TDIU.
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