The Veteran's appeal is remanded to obtain a VA examination regarding whether his vertigo is caused or aggravated by service-connected bilateral hearing loss and tinnitus disabilities.,The Veteran's appeal is also remanded to determine if his sleep apnea is related to his morbid obesity, which may be secondary to his service-connected spine, ankle, and hip disabilities.
The deciding factor: There are duty-to-assist errors in the current rating decisions that require additional evaluations or opinions regarding whether the Veteran's vertigo and sleep apnea are caused or aggravated by his service-connected conditions.
- Claimed conditions
- {"condition_name":"lumbosacral strain disability"}, {"condition_name":"right ankle tendonitis and impingement disability"}, {"condition_name":"vertigo (secondary to hearing loss)"}, {"condition_name":"sleep apnea (related to morbid obesity)"}
- How they argued it
- Secondary to another service-connected condition
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- June 6, 2019
- Citation
- A19000443
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 service connection for right lower extremity sciatica associated with the Veteran's service-connected lumbosacral spine strain, but remanded claims for service connection for gastroesophageal reflux disease (GERD) and sleep apnea.
- Granted
The Board granted service connection for the cause of the Veteran's death, finding that his lung cancer was related to his service-connected melanoma.
- Partly granted
The Board granted service connection for anxiety but denied it for sleep apnea, finding that the Veteran's sleep apnea was less likely than not related to his active service or service-connected acquired psychiatric condition.
- Granted
The Board granted service connection for migraine headaches as proximately due to the Veteran's service-connected tinnitus.
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