Board of Veterans’ Appeals decision 19108323
The deciding factor: The Veteran withdrew his appeals for initial compensable evaluations for perforated left ear tympanic membrane and posterior left ear residual surgical scar during the September 2018 Board hearing, indicating he understood the consequences of withdrawing them. The claims for service connection for right and left ankle conditions are remanded due to lack of evidence of current disabilities.
- Claimed conditions
- Left ankle condition, Perforated left ear tympanic membrane, Residual surgical scar, posterior left ear, Right ankle condition
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 4, 2019
- Citation
- 19108323
Veterans Law Judge
Decisions by this judge: 940 · Granted: 21% (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 19108323.
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-connected PTSD has prevented him from securing and maintaining gainful employment throughout the appeal period, leading to a grant of TDIU. The issue of service connection for chronic fatigue syndrome was withdrawn by the appellant.
- Granted
The Veteran's right ankle condition is granted a 10 percent disability rating, and his service-connected headaches are granted as secondary to his TBI.
- Remanded (sent back)
The Board has remanded the claims of entitlement to service connection for bilateral pes planus, bilateral knee conditions, and bilateral hearing loss due to pre-decisional duty to assist errors. The Veteran's right ankle condition is granted, but his bilateral pes planus and bilateral knee conditions are remanded for further examination and opinion.
- Remanded (sent back)
The Board has decided to remand the Veteran's claims for service connection and increased rating of his left shoulder condition due to insufficient evidence regarding the relationship between his current conditions and military service, as well as the ameliorative effects of medication on his left shoulder disability. The Veteran will need to undergo VA examinations to address these issues.
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