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
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 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.
- Dismissed
Your appeals for a compensable rating for perforated left tympanic membrane, service connection for a right ear drum disability, and service connection for a disability of the right nasal cavity, manifested by bleeding, have been dismissed.
- Denied
The Veteran's service-connected disabilities did not render him unemployable prior to December 6, 2019. The Board found that the evidence does not support a finding of unemployability due solely to his service-connected conditions.
- Remanded (sent back)
The Veteran's service-connected disabilities prevented him from obtaining and maintaining substantially gainful employment consistent with his educational and occupational experience since December 6, 2019. The Board found that the evidence showed significant functional impairment due to vertigo and headache disabilities which likely precluded him from obtaining or maintaining such employment.
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