The Veteran's vertigo associated with TBI is rated at 30 percent, and the issue of entitlement to an initial rating in excess of 10 percent for headaches associated with TBI remains pending.,The Veteran's headaches are currently rated as noncompensable (zero percent disabling) prior to September 21, 2016, and 30 percent thereafter. The issue of entitlement to a compensable evaluation from September 21, 2016 is pending.,The issues of entitlement to evaluations in excess of 10 percent for left ankle sprain and right ankle sprain are remanded.,The issue of entitlement to a compensable evaluation for paresthesia of the left side of the face associated with TBI remains pending.,The issue of entitlement to a compensable evaluation for TBI with post-concussive syndrome and visual impairment is also pending.
The deciding factor: The Veteran's vertigo has been manifested by dizziness, loss of balance, and staggering. The Board finds that the evidence is at least in relative equipoise as to whether a higher initial rating of 30 percent for the Veteran’s vertigo is warranted.,Prior to September 21, 2016, the Veteran's headaches were not manifested with characteristic prostrating attacks averaging one in 2 months over last several months. From September 21, 2016, the Veteran's prostrating attacks were not productive of severe economic inadaptability.,The issues of entitlement to evaluations in excess of 10 percent for left ankle sprain and right ankle sprain are pending as they require further examination and evaluation.,The issue of entitlement to a compensable evaluation for paresthesia of the left side of the face associated with TBI remains pending.,The issue of entitlement to a compensable evaluation for TBI with post-concussive syndrome and visual impairment is also pending.
- Claimed conditions
- Vertigo, Headaches associated with TBI, Left ankle sprain, Right ankle sprain, Paresthesia of the left side of the face associated with TBI, TBI with post-concussive syndrome and visual impairment
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- June 14, 2019
- Citation
- 19146791
Veterans Law Judge
Decisions by this judge: 1,762 · 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 19146791.
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.
- Remanded (sent back)
The Board has remanded the claims of entitlement to service connection for vertigo and obstructive sleep apnea (OSA) due to a pre-decisional duty to assist error. The Veteran's hearing loss is not rated higher than 10 percent.
- Granted
The Veteran's claim for a separate rating of 30 percent for vertigo is granted, while the claim for an increased rating for tinnitus remains denied.
- Remanded (sent back)
The Veteran's claims for service connection are remanded due to the need for further development, including verification of in-service stressors and toxic exposure assessments. The Board also requests a VA examination to address the etiology of his diagnosed mental health conditions and vertigo.
- Remanded (sent back)
The Veteran's claims for service connection of chronic fatigue syndrome and vertigo are being remanded due to duty-to-assist errors. The PFB claim is denied as the disability does not meet the criteria for a compensable rating.
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