The veteran's appeal for a higher rating for traumatic brain injury was remanded due to missing medical records and the need for an updated examination. Special monthly compensation for aid and attendance was granted.
The deciding factor: The Board found that the Veteran requires regular aid and attendance due to his service-connected disabilities, but remanded the rating issue due to a duty to assist error.
- Claimed conditions
- Traumatic brain injury (TBI), Post-concussion headache, Neurocognitive disorder, Status post L4 fracture (lumbar spine disability), Status post pubic rami fracture with bilateral thigh residuals/impairments, Parkinsonism, Tremor and bradykinesia of the bilateral upper and lower extremities, Right and left sided loss of automatic movements, Changes in speech/dysarthria right and left sided impairments, Impairment in chewing and swallowing, Stooped posture right and left sided impairments, Status left renal calculi, Constipation, Hearing loss, Tinnitus
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 29, 2025
- Citation
- 25001301
Veterans Law Judge
Decisions by this judge: 703 · Granted: 47% (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 25001301.
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.
- Denied
The Board denied service connection for bilateral hearing loss and tinnitus, finding that the Veteran's current conditions are not related to his military service.
- Denied
The Board denied the veteran's claims for a higher rating for PTSD and dismissed his appeals regarding increased ratings for tinnitus and a right hand disability due to lack of timely filing of Notice of Disagreement.
- Denied
The Board has denied the Veteran's claims for service connection for various conditions, including GAD, MDD, bruxism, migraines/headaches, tinnitus, hip pain, iliotibial band syndrome, and leg stress fractures. The evidence does not support current diagnoses of these conditions during the appeal period.
- Granted
The Veteran's service-connected disabilities, including bilateral pes planus with hammer toes, hallux valgus and degenerative arthritis, sleep apnea, bilateral hearing loss, tinnitus, and bilateral kidney cysts, rendered him unable to secure or follow gainful employment. The Board granted the TDIU based on these conditions.
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