The Board has remanded the case due to a lack of compliance with its previous instructions regarding the Veteran's chronic ear infections. A new examination is required to determine the nature and etiology of any bilateral ear disability present.
The deciding factor: The remand was not followed as the examiner did not mention the Veteran’s chronic ear infections, which were formally found by the Board to be related to service.
- Claimed conditions
- bilateral ear disability, chronic ear infections
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- June 25, 2019
- Citation
- 19149352
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 appeal for service connection for peritoneal adhesions following injury or surgery of the stomach and bilateral ear disability was withdrawn by the Veteran.
- Dismissed
The veteran withdrew all pending appeals before the Board promulgated a decision.
- Partly granted
The Board granted service connection for hypertension and tinnitus, but denied service connection for depression, chronic ear infections, obstructive sleep apnea (OSA), acne, arthritis, heart attack, thyroid disability, right shoulder disability, left shoulder disability, catarrhal fever (common cold), foot disability, ventral hernia, dental disability, and a rating in excess of 70 percent for posttraumatic stress disorder with bipolar spectrum disorder prior to January 3, 2025.
- Denied
The Board denied service connection for chronic ear infections and a left hamstring injury due to the lack of evidence supporting current diagnoses.
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