The veteran is seeking compensation benefits under the provisions of 38 U.S.C.A. § 1151 for additional disability as a result of VA hospital treatment in February and March 2003, which allegedly caused chronic dizziness, lightheadedness, and blurred vision. The case has been remanded to obtain further medical records and to schedule the veteran for a VA examination.
The deciding factor: The decision is being remanded due to incomplete or missing evidence that may affect the determination of whether the veteran's current disability was caused by carelessness, negligence, lack of proper skill, error in judgment, or similar instance of fault on the part of the VA during hospitalization in February and March 2003.
- Claimed conditions
- dizziness, lightheadedness, blurred and distorted vision
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- September 12, 2008
- Citation
- 0831009
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 0831009.
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.
- Remanded (sent back)
The Board has found that additional VA opinions are needed to address the nature and etiology of the Veteran's dizziness, including benign paroxysmal positional vertigo, and tension headaches, including migraines. The opinions should consider the Veteran's participation in a TERA and the combined effect of all his service-connected disabilities.
- Denied
The Veteran's dizziness condition is rated at a 10 percent disability rating under Diagnostic Code 6204, as the evidence does not show occasional staggering. The Board finds that a higher rating is not warranted.
- Remanded (sent back)
The Board has remanded the case due to a duty to assist error, as there is insufficient evidence to determine if the Veteran's inner ear symptoms are related to service or any other condition.
- Remanded (sent back)
The Board has found new and relevant evidence in support of the Veteran's previously denied service connection claim for dizziness and faintness. The case is being remanded to consider this new evidence.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
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.