The Board remands the claims for service connection for facial trauma, a fractured nose, a neck disability, a right eye injury, and a traumatic brain injury to correct an error by the AOJ to satisfy its duty to assist under 38 U.S.C. § 5103A.
The deciding factor: The Board must remand the claims because it has not adjudicated the issue of whether the Veteran was on active duty at the time of his automobile accident, which is inextricably intertwined with the service connection claims.
- Claimed conditions
- Facial trauma, to include claimed broken jaw and chin, Fractured nose, Neck disability, Right eye injury, Traumatic brain injury (TBI)
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 23, 2025
- Citation
- A25092138
Veterans Law Judge
Decisions by this judge: 2,977 · Granted: 27% (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 A25092138.
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 Veteran's service connection claims for traumatic brain injury and migraine headaches due to right eye removal are granted. The claim for a compensable evaluation of xeroderma of the right eye is remanded.
- Denied
The Veteran's claim for service connection for gastroesophageal reflux disease (GERD) was denied because the disability is not shown as chronic in service and did not manifest to a compensable degree within the applicable presumptive period; continuity of symptomatology is not established; and the disability is not otherwise etiologically related to an in-service injury or disease.,The Veteran's claim for service connection for a lumbar spine disability was denied because the disability was not shown as chronic in service and did not manifest to a compensable degree within the applicable presumptive period; continuity of symptomatology is not established; and the disability is not otherwise etiologically related to an in-service injury or disease.,The Veteran's claim for service connection for a traumatic brain injury (TBI) was denied because there is no evidence of loss of consciousness or memory impairment following the motor vehicle accident during service, and post-service VA treatment records do not show a diagnosis of TBI.
- Granted
The Veteran's GERD, neck disability, right and left upper extremity peripheral neuropathy have been granted service connection with effective dates of September 27, 2023.
- Remanded (sent back)
The Board has remanded the cases for further development and consideration due to inadequate opinions regarding the Veteran's cervical spine condition and TBI. The VA will obtain an adequate opinion on both issues.
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