The Board has remanded the Veteran's claims for a disability rating in excess of 10 percent for right ankle strain with degenerative osteoarthritic changes and service connection for a vestibular disability, to include vertigo and dizziness, as secondary to his service-connected bilateral hearing loss and/or tinnitus.
The deciding factor: The April 2017 examination report is inadequate as it does not contain sufficient evidence concerning any additional degrees of limited motion caused by functional loss after repeated use over time. The June 2017 addendum medical opinion did not provide a rationale for its conclusion regarding the relationship between the Veteran's service-connected bilateral hearing loss and tinnitus and his diagnosed dizziness.
- Claimed conditions
- Post-operative scar, right ankle, Right ankle strain with degenerative osteoarthritic changes
- How they argued it
- Secondary to another service-connected condition
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 18, 2019
- Citation
- 19186559
Veterans Law Judge
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 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
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The Board has remanded the cases of service connection for a vestibular disability, entitlement to TDIU, and increased rating for right ankle disability due to insufficient medical opinions.
- Granted
The Board has determined that the Veteran's headaches are at least as likely as not caused by his service-connected traumatic brain injury, and thus grants service connection for this condition.
- Remanded (sent back)
The Board has remanded the claims for service connection for hypertension and peripheral neuropathy of the bilateral upper and lower extremities due to insufficient medical opinions regarding their etiology.
- Granted
The Veteran's major depressive disorder is found to be caused by his service-connected low back and radiculopathy disabilities, which prevent him from doing enjoyable activities and daily living tasks.
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