The Board remands the Veteran's claim for a special monthly compensation (SMC) under 38 U.S.C. §1114(t) for the residuals of traumatic brain injury (TBI) to correct pre-decisional duty to assist errors.
The deciding factor: The issue was reasonably raised by the record and the duty to assist was triggered, requiring a medical opinion on whether the Veteran required aid and attendance as a result of his service-connected residuals of TBI alone.
- Claimed conditions
- Traumatic Brain Injury (TBI) residuals
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- June 26, 2025
- Citation
- A25055698
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 70 percent rating for TBI residuals, a separate 30 percent rating for a peripheral vestibular disorder associated with service-connected TBI, and a total disability rating based on individual unemployability (TDIU) from August 9, 2022.
- Denied
The Board denied the veteran's claims for an increased rating for TBI and service connection for cervical spine strain with degenerative arthritis and degenerative disc disease, as well as remanded a claim for service connection for GERD.
- Remanded (sent back)
The Board remands the claim for a new VA examination to clarify the nature and severity of the Veteran's service-connected generalized anxiety disorder and traumatic brain injury residuals.
- Granted
The Board granted a 100 percent initial rating for the Veteran's service-connected TBI residuals, effective December 13, 2013, based on severely impaired visual spatial orientation.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.