The Board remands the claims for service connection for TBI (also claimed as breacher syndrome) and back injury to ensure compliance with VA's duty to assist by obtaining a VA examination and corresponding medical opinion.
The deciding factor: The evidence of record at the time of the rating decision on appeal was sufficient to trigger VA's duty to assist in obtaining a VA examination and corresponding medical opinion addressing the Veteran's claims, but no such examination or opinion had been provided prior to the AOJ decisions on appeal.
- Claimed conditions
- Traumatic Brain Injury (TBI) (also claimed as breacher syndrome), Back injury
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 13, 2025
- Citation
- A25023466
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 an acquired psychiatric disorder, claimed as depression and a right knee condition. The claims for left knee condition, back injury, hypertension, headaches, sleep apnea, and surgical complications of pregnancy were remanded.
- Remanded (sent back)
The Board remands all service connection claims for further development and to correct a pre-decisional duty to assist error.
- Partly granted
The Board denied service connection for bilateral hearing loss, a back injury, and facial injury. The claim for an acquired psychiatric disorder was remanded.
- Granted
The Board granted service connection for obstructive sleep apnea, effective from the date of the February 2025 rating decision.
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