The Board has remanded the cases for further action, including extraschedular consideration and an Independent Medical Expert (IME) opinion. The issues of entitlement to compensation under 38 U.S.C. § 1151 for stroke and residuals of stroke as result of the prescribing of Chantix are also being referred to VA's Director of Compensation Service.
The deciding factor: The Board found that there were unresolved questions regarding the cause of the Veteran’s claimed disabilities, including whether the use of Chantix caused his stroke or transient ischemic attack and if he was fully informed of possible side effects. The Board also noted that the disability picture presented an unusual or exceptional situation.
- Claimed conditions
- bilateral hearing loss, stroke and residuals of stroke
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- June 10, 2019
- Citation
- 19144703
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 withdrew the appeals for service connection for bilateral pes planus, obstructive sleep apnea, bilateral hearing loss, tinnitus, and chronic obstructive pulmonary disease (COPD).
- Denied
The Board denied service connection for multiple conditions, including bilateral hearing loss and various musculoskeletal issues, as well as an initial rating in excess of 0 percent for rhinitis. However, the Board granted a 70 percent rating for posttraumatic stress disorder (PTSD).
- Partly granted
The Veteran's tinnitus is granted, while fibromyalgia, internal or external hemorrhoids, bilateral hearing loss, and neuropathy are denied.
- Granted
The Board granted service connection for bilateral hearing loss, finding it at least as likely as not related to the Veteran's in-service noise exposure.
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