The Veteran is requesting an earlier effective date for the grant of service connection for TBI with cognitive disorder associated with closed head injury based on clear and unmistakable error (CUE). The Board has determined that this matter should be remanded to allow the AOJ to conduct a first-instance adjudication.
The deciding factor: The AOJ did not comply with applicable regulations, which is a pre-decisional due process error. The Veteran's CUE motion must be adjudicated by the AOJ in the first instance before it can be subject to appellate review by the Board.
- Claimed conditions
- Traumatic Brain Injury (TBI) with cognitive disorder
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 7, 2026
- Citation
- A26031423
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 A26031423.
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.
- Dismissed
The Board has dismissed the Veteran's appeals regarding earlier effective dates for PTSD, migraine headaches, and vertigo due to TBI as they are not appealable decisions.
- Remanded (sent back)
The Board has decided to remand the case due to inadequate compliance with prior remand directives and insufficient examination reports. The Veteran's claim for a separate rating for residuals of TBI with cognitive disorder is being returned for further development.
- Remanded (sent back)
The Board has remanded the Veteran's claim for a rating increase for PTSD with sleep problems and TBI to include cognitive disorder, as well as his TDIU claim due to lack of medical records from his incarceration period. The claims are now pending for further evaluation.
- Remanded (sent back)
The Board has determined that a remand is necessary to consider additional VA treatment records and obtain updated VA examination reports, as well as any relevant records from the Rochester Vet Center. The issue of whether discontinuance of the separate rating for TBI residuals with cognitive disorder was proper will be addressed in the Supplemental Statement of the Case.
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