The Board has remanded the claims for service connection for a right knee condition and vertigo, as secondary to service-connected bilateral hearing loss and tinnitus. The Veteran was not provided with proper notice and an opportunity to appear for VA examinations.
The deciding factor: VA failed to provide proper notice and an opportunity for the Veteran to be examined for his claims.
- Claimed conditions
- right knee condition, vertigo
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 21, 2020
- Citation
- 20068172
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 claims for service connection for vertigo and a total disability rating based on individual unemployability (TDIU) due to insufficient evidence linking his current condition to active service or any incident of service.
- Dismissed
The Veteran's appeals for service connection were dismissed due to untimely filing of the Board Appeal requests.
- Denied
The Board denied the veteran's claims for service connection, higher ratings, and earlier effective dates, as well as dismissed his claim for a TDIU.
- Partly granted
The Board granted a restoration of the separate 10 percent rating for vertigo, an earlier effective date for service connection for vertigo and migraines, and a 30 percent rating for hypothyroidism with heart murmur. The decision also denied an earlier effective date for hypertension and remanded claims for obesity, obstructive sleep apnea, and individual unemployability.
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