The Board remands the claims for service connection for spinal cord injury and traumatic brain injury to correct a duty to assist error, specifically regarding an adequate medical opinion on secondary service connection.
The deciding factor: A remand is required due to an inadequate medical opinion that did not address all relevant findings from the Veteran's June 2022 VA examination.
- Claimed conditions
- spinal cord injury, traumatic brain injury (TBI)
- How they argued it
- Secondary to another service-connected condition
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 5, 2024
- Citation
- A24071731
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.
- 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 service connection for various conditions, including bilateral plantar fasciitis, chronic pain syndrome, sciatic radicular pain of both legs, traumatic brain injury (TBI), shin splints of both legs, thoracic spondylosis, right shoulder strain, right wrist strain, acne, and allergic rhinitis.
- Remanded (sent back)
The Board remands the service connection claim for a traumatic brain injury to ensure that VA's duty to assist is followed and that the Veteran is afforded every possible consideration.
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