The Board remands the issue of service connection for traumatic brain injury (TBI) residuals due to a pre-decisional duty to assist error, requiring an examination to determine current residuals.
The deciding factor: Remand is necessary because the AOJ did not afford the Veteran a VA TBI residuals examination as required by law.
- Claimed conditions
- traumatic brain injury (TBI) residuals
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 13, 2025
- Citation
- A25023386
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 an initial rating of 20 percent for right ankle tendinosis prior to January 6, 2022, and denied a rating in excess of 20 percent as of that date. A separate 30 percent rating was also granted for dizziness and imbalance associated with TBI.
- Remanded (sent back)
The Board remands the claim for service connection for TBI residuals (to include headaches, fatigue, and seizures) for accrued benefits purposes to obtain a retrospective etiological opinion.
- Dismissed
The Board denied the veteran's appeal for service connection and increased rating claims due to a late filing of the appeal request.
- Remanded (sent back)
The Board remands the claims for increased ratings of service-connected conditions to the RO for issuance of a Statement of the Case.
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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.