The Board has remanded the claims of service connection for peripheral vestibular disorder and bilateral tilted optic discs due to issues with the prior decision's discussion of combat veteran presumptions, and because the AOJ needs to consider a VA eye condition examination in adjudicating the claim of service connection for bilateral tilted optic discs.
The deciding factor: The Court found that the Board erred in not adequately discussing the presumption for combat veterans under 38 U.S.C. § 1154(b) and because the Veteran served in Vietnam, he is entitled to this presumption. The AOJ needs to consider a VA eye condition examination in adjudicating the claim of service connection for bilateral tilted optic discs.
- Claimed conditions
- peripheral vestibular disorder, bilateral tilted optic discs
- How they argued it
- Presumptive (no nexus needed)
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 25, 2019
- Citation
- 19122366
Veterans Law Judge
Decisions by this judge: 1,913 · Granted: 30% (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 19122366.
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 Veteran's appeal for an increased evaluation of his gastroesophageal reflux disease and irritable bowel syndrome was dismissed. The claim for service connection for migraine headaches, secondary to previously service-connected tinnitus and peripheral vestibular disorder, is granted with a rating of 10 percent. The claim for a higher rating for peripheral vestibular disorder remains at noncompensable (zero percent).
- Granted
The Board has granted service connection for irritable bowel syndrome (IBS), peripheral vestibular disorder, vertigo (BPPV), and Meniere's disease. The Veteran's current diagnoses are at least in equipoise with the medical evidence supporting a link to his military service.,Service connection is denied for bilateral hearing loss as there is no current disability meeting VA criteria.
- Granted
The Veteran's service-connected conditions render him in need of regular aid and attendance due to his disabilities, including back pain, prostate cancer, depression, bilateral knee pain, and other health issues. The Board granted SMC based on A&A.
- Granted
The Board has granted service connection for an acquired vestibular disorder, including Meniere's disease and peripheral vestibular disorder, due to continuous symptoms since separation from service.
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