The Board has remanded the case due to a lack of timely Notice of Disagreement (NOD) for the issue of a higher initial rating for the Veteran's right thumb disability. The January 2015 letter from the Veteran’s attorney effectively raised a new increased rating claim, but it was not accepted as a timely NOD.
The deciding factor: The January 2015 letter did not express disagreement with the initial rating assigned for the service-connected right thumb disability and thus cannot be accepted as a timely Notice of Disagreement (NOD).
- Claimed conditions
- Benign Paroxysmal Positional Vertigo (BPPV), Right Thumb Fracture with Postoperative Excision of Exostosis
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- August 20, 2019
- Citation
- 19163792
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 19163792.
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.
- Denied
The Board denied the veteran's claim for service connection for Benign Paroxysmal Positional Vertigo (BPPV) as there is no credible evidence of a current disability, in-service incurrence or aggravation, and a causal relationship between the current disability and an in-service disease or injury.
- Partly granted
The Board granted service connection for a neck disability and a back disability, but denied service connection for BPPV. The right lumbar radiculopathy was also granted as secondary to the back disability.
- Partly granted
The Board denied an initial compensable rating for bilateral hearing loss but granted service connection for BPPV secondary to the Veteran's service-connected bilateral hearing loss.
- Partly granted
The Board granted a 30 percent rating for bilateral hearing loss from February 6, 2018 to May 21, 2023 and denied ratings in excess of 40 percent thereafter.
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.