The Board has decided to remand the case due to concerns raised in a Joint Motion for Remand (JMR). The matter is being returned for further review and consideration of whether VA care caused or resulted in additional disability claimed as perforated left tympanic membrane.
The deciding factor: The JMR identified that the Board failed to address whether an examination or medical opinion was necessary to substantiate the Veteran's claim, specifically regarding whether the July 2013 VA treatment is the proximate cause of any additional left ear disability due to carelessness, negligence, lack of proper skill, error in judgement, or similar instance of fault on the part of VA.
- Claimed conditions
- perforated left tympanic membrane
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 23, 2020
- Citation
- 20068752
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.
- Partly granted
The veteran's claims for a higher rating for perforated left tympanic membrane and benign paroxysmal positional vertigo (BPPV) were denied. The claim for an increased rating for allergic rhinitis was remanded.
- Denied
The Board denied the veteran's claims for service connection and higher initial ratings, finding no evidence of right ear drum or left tympanic membrane disorders, bilateral hearing loss, tinnitus, or erectile dysfunction that were incurred in or aggravated by his military service.
- Granted
The Board granted service connection for obstructive sleep apnea, effective from the date of the February 2025 rating decision.
- Remanded (sent back)
The Board remands the claim for a medical examination to determine if the Veteran's current neck strain is related to his in-service activities.
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