The Board remands the claims for higher initial ratings for service-connected psychiatric disability and headaches due to pre-decisional failure of the duty to assist based on inadequate evidentiary development and examinations.
The deciding factor: The August 2021 and November 2021 examiners' conclusions were not probative because they relied on the Veteran's non-credible self-reported history, which was contradicted by service treatment records and other evidence. The duty to assist includes obtaining relevant evidence, which was not accomplished.
- Claimed conditions
- Alcohol Use Disorder, moderate, Cannabis Use Disorder, moderate, Major Depressive Disorder (MDD), recurrent, moderate with anxious distress, Post Traumatic Headache with Migraines, Traumatic Brain Injury (TBI), Unspecified Disruptive, Impulse-Control Conduct Disorder
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 5, 2025
- Citation
- A25020313
Veterans Law Judge
Decisions by this judge: 2,451 · Granted: 22% (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 A25020313.
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 has granted service connection for a traumatic brain injury (TBI) and its residuals, including unsteady gait, somnolence, and cognitive dysfunction. The decision is based on the Veteran's credible lay statements about in-service head injuries and subsequent seizures.
- Denied
The Board has determined that the Veteran does not have a current diagnosis of Traumatic Brain Injury (TBI) and therefore, service connection for TBI is denied.
- Granted
The Veteran's claim for special monthly compensation based on aid and attendance due to service-connected TBI with PTSD is granted, effective September 6, 2018.
- Granted
The Veteran's claim for special monthly pension (SMP) based on the need for aid and attendance is granted due to his cognitive impairment resulting from a motor vehicle accident in 2018, which has rendered him unable to work and needing assistance with daily activities.
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