The Board has determined that the Veteran's claims for service connection for vertigo, Meniere’s disease, traumatic brain injury (shrapnel in brain, right side), and degenerative disc disease of the lumbar spine with right lower extremity radiculopathy should be remanded due to incomplete development. Specifically, there is a need to obtain VA treatment records from 2016 onwards, as well as VA treatment records from the early 1970s at a VA medical facility in New York City. Additionally, an examination is needed to determine if the Veteran's lumbar spine condition is related to service, and a copy of the Statement of the Case (SOC) issued in December 2016 should be obtained.
The deciding factor: The Board finds that there are incomplete records and development needs for the Veteran’s claims, necessitating remand to obtain additional evidence and conduct further medical examination.
- Claimed conditions
- vertigo, Meniere’s disease, traumatic brain injury (shrapnel in brain, right side), degenerative disc disease of the lumbar spine with right lower extremity radiculopathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 29, 2019
- Citation
- 19123693
Veterans Law Judge
Decisions by this judge: 1,680 · Granted: 24% (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 19123693.
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.
- Denied
The Board has denied the Veteran's claims of service connection for hypertension, fibromyalgia, and vertigo. The decision found that there was no evidence linking these conditions to his military service or a service-connected disability.
- Remanded (sent back)
The Veteran's bilateral hearing loss and tinnitus are found to be related to military noise exposure during service.,The Veteran's obstructive sleep apnea, gastrointestinal (GI) disability, and vertigo are remanded for further examination and opinion.
- Granted
The Board has granted the Veteran's claim for service connection for vertigo, finding that it is related to a head injury sustained during active duty. The decision resolves all reasonable doubt in favor of the Veteran.
- Partly granted
The claims for service connection for hypertension, back pain, right hip pain, left hip pain, right knee pain, and left knee pain have been readjudicated. The claim for sleep apnea has also been readjudicated.,Service connection has been granted for a neck condition, back pain, right hip pain, left hip pain, right knee pain, left knee pain, an acquired psychiatric disorder, bruxism, and vertigo.
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.