The Board has remanded the claim for chronic left ear infections with ear pressure, to include a vestibular disability due to inconsistencies in opinions and need for additional examination.
The deciding factor: The inconsistency between the October 2019 VA opinion indicating no diagnosis within one year of active duty and the examiner's later opinion stating that the Veteran’s dizziness/vertigo are residuals of his now service-connected TBI, necessitates an addendum medical opinion to adequately evaluate the claim.
- Claimed conditions
- bilateral hearing loss, traumatic brain injury (TBI), headache disability, chronic left ear infections with ear pressure, to include a vestibular disability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 3, 2020
- Citation
- 20071622
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.
- Granted
The Board granted service connection for left knee strain, right knee strain, right wrist strain, and TBI. The Veteran's PTSD rating was remanded for further development.
- Dismissed
The Veteran withdrew the appeals for service connection for bilateral pes planus, obstructive sleep apnea, bilateral hearing loss, tinnitus, and chronic obstructive pulmonary disease (COPD).
- Denied
The Board denied service connection for multiple conditions, including bilateral hearing loss and various musculoskeletal issues, as well as an initial rating in excess of 0 percent for rhinitis. However, the Board granted a 70 percent rating for posttraumatic stress disorder (PTSD).
- Dismissed
The veteran's appeal requests for service connection and increased ratings were denied due to untimeliness, as the appeals were not filed within one year of the respective rating decisions.
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