The Veteran's vertigo associated with TBI is rated at 30 percent, and the issue of an increased rating for headaches associated with TBI prior to September 21, 2016, and a 30 percent rating thereafter remains denied.,The Veteran’s left ankle sprain and right ankle sprain are both remanded due to lack of recent VA examination. The Veteran's paresthesia of the left side of the face associated with TBI and TBI with post-concussive syndrome and visual impairment are also remanded for further evaluation.
The deciding factor: The evidence is at least in relative equipoise as to whether a higher initial rating of 30 percent for vertigo is warranted, given the Veteran's credible complaints of dizziness and staggering. The current noncompensable ratings for headaches associated with TBI prior to September 21, 2016, are denied due to lack of characteristic prostrating attacks.,The issues of increased ratings for left ankle sprain, right ankle sprain, paresthesia of the left side of the face associated with TBI, and TBI with post-concussive syndrome and visual impairment are remanded as there is a need for updated VA examinations to assess current severity.
- 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
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 lumbar spine disability, as secondary to the Veteran's service-connected left foot crush injury, and sciatic radiculopathy of both lower extremities, also secondary to the newly service-connected lumbar spine disability. The Board denied an initial rating in excess of 70 percent for depressive disorder with unspecified anxiety disorder and a compensable rating for allergic rhinitis.
- Partly granted
The Board granted service connection for bilateral hearing loss and tinnitus, effective August 28, 2018, due to clear and unmistakable error in the October 2018 rating decision. Service connection was also granted for major depressive disorder (MDD) as secondary to the Veteran's service-connected bilateral hearing loss and tinnitus.
- Denied
The Board denied the Veteran's claim for a higher evaluation for service-connected vertigo, finding that the evidence did not support an evaluation in excess of 10 percent.
- Partly granted
The Board granted a 30 percent rating for vertigo and a 20 percent rating for bilateral hearing loss from August 30, 2023 to December 21, 2023, but denied a higher rating for bilateral hearing loss at any time during the appeal period.
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.