The Veteran's agent is contesting the propriety of a reduction in his disability rating for left ear otitis media from 10% to 0%, and also seeking an increased rating. The Board has found these issues are intertwined and requires remand.
The deciding factor: The issues of CUE in the May 1972 rating decision and the increased rating are interrelated and need to be addressed together.
- Claimed conditions
- left ear otitis media
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 5, 2019
- Citation
- 19126002
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 tinnitus, a lower back disability, residuals of inguinal hernia repair, residuals of umbilical hernia repair, and sinusitis. Service connection was denied for an ulcer, bilateral hearing loss, hypertension, diabetes mellitus type II, and acne.
- Denied
The Board has determined that the evidence received since the last final denial does not raise a reasonable possibility of substantiating the claims for service connection for left ear otitis media and hearing loss. The claim for tinnitus is denied as there is no evidence to support its occurrence or causation.
- Remanded (sent back)
The Board is remanding the case for further development and consideration, including obtaining medical records from SSA and VA, requesting a written statement from any relevant VA physician, and determining whether the veteran's claim for an increased rating meets criteria for submission to the appropriate official for extra-schedular consideration.
- Remanded (sent back)
The Board has remanded the veteran's claims for service connection due to insufficient evidence and need for further examination. The claims will be reviewed after additional development.
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This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.