The Board remands the case for further development to ensure the Veteran has an opportunity to appear for a VA examination for PTSD and TBI.
The deciding factor: There was a failure to ensure the Veteran had an opportunity to appear for a VA examination for PTSD and TBI, as requested, which constitutes a pre-decisional duty to assist error.
- Claimed conditions
- Posttraumatic Stress Disorder (PTSD) with Traumatic Brain Injury (TBI)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 22, 2024
- Citation
- A24067715
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.
- Partly granted
The Board granted a separate 10 percent disability rating for residuals of TBI effective September 9, 2020, but denied an earlier effective date prior to March 18, 2021, for the grant of a 100 percent disability rating for PTSD with TBI.
- Granted
The Board granted a 70 percent evaluation for service-connected PTSD with TBI, but no higher.
- Partly granted
The Board granted a 70 percent disability rating for PTSD, but not higher. The claims for service connection for OSA and greater than 30 percent rating for post-concussive headaches were remanded.
- Remanded (sent back)
The Board remands the claims for a total disability rating based on individual unemployability due to service-connected disabilities and an increased rating for posttraumatic stress disorder with traumatic brain injury for further development.
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This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.