The Veteran's claim for a compensable disability rating for post-operative scar of the right ankle associated with right ankle strain and degenerative osteoarthritic changes was denied. The Board found that the evidence did not show painful or unstable scars during the relevant period.,The Veteran’s claim for service connection for a vestibular disability, including vertigo and dizziness, secondary to service-connected bilateral hearing loss and/or tinnitus is remanded.
The deciding factor: The Board found that there was no evidence of painful or unstable scars during the relevant period, which precluded assignment of a compensable rating under any applicable diagnostic codes.,The medical opinion provided by the April 2017 examiner did not address the relationship between the Veteran's service-connected bilateral hearing loss and tinnitus and his claimed vestibular disability. The Board found this opinion inadequate.
- Claimed conditions
- {"condition_name":"Post-operative scar of right ankle associated with right ankle strain with degenerative osteoarthritic changes"}, {"condition_name":"Vestibular disability, to include vertigo and dizziness"}
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 18, 2019
- Citation
- 19186559
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
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This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.