The Board has decided to remand the case due to insufficient medical opinions regarding whether the Veteran's loss of smell and taste was caused by carelessness, negligence, or other fault on the part of VA. The AOJ must obtain an independent medical opinion from an otolaryngologist to address these issues.
The deciding factor: The Board found that the previous opinions did not adequately address whether the loss of smell and taste could have been reasonably foreseen by a competent health care provider.
- Claimed conditions
- loss of smell, loss of taste
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 26, 2019
- Citation
- 19189501
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 19189501.
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 Veteran was awarded service connection for allergic rhinitis based on the PACT Act, but an earlier effective date prior to August 10, 2022, is not warranted.
- Denied
The Board denied service connection for left foot joint arthritis, left ankle joint arthritis, right ankle joint arthritis, right foot joint arthritis, and loss of smell. The Board also denied an initial compensable rating for bilateral hearing loss and a higher rating for bilateral tinnitus.
- Denied
The Board denied a compensable rating for the Veteran's service-connected loss of smell as it was determined that the loss of smell did not meet the criteria for a complete loss, which is required for a 10 percent rating.
- Partly granted
The Board granted service connection for major depressive disorder, TMJ and bruxism, and headaches but denied it for loss of smell.
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