The Board has granted a 30 percent initial rating for the Veteran's peripheral vestibular disorder since May 16, 2016 and has granted entitlement to special monthly compensation based on loss of use of both feet or need for aid and attendance. The remaining issues have been remanded for further examination.
The deciding factor: The Board found that there was evidence in equipoise as to whether the Veteran exhibited dizziness and occasional staggering due to a peripheral vestibular disorder, but not sufficient evidence to find a cerebellar gait which would warrant a higher rating under DC 6205. The remaining issues have been remanded for further examination.
- Claimed conditions
- Peripheral Vestibular Disorder, Right Knee Patellofemoral Pain Syndrome with Arthritis, Left Knee Patellofemoral Pain Syndrome, Right Knee Instability, Left Knee Instability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 17, 2021
- Citation
- 21075142
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 21075142.
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's service-connected knee disabilities have been rated and denied for increased ratings, with some conditions receiving specific disability ratings. The Veteran is granted a 60% rating for her total right knee replacement from September 4, 2015 onwards, but the other claims are denied.
- Denied
The Veteran's initial rating for peripheral vestibular disorder remains at 30 percent, as the condition has already been rated to its maximum under VA regulations.
- Granted
The Veteran's cervical spine disability, right knee strain (painful motion), and right knee instability are now rated at 30 percent effective August 16, 2017.
- Remanded (sent back)
The Board has granted a separate rating of 30 percent for right knee instability, but has remanded the issue of an increased rating for right knee disability due to inadequate VA examinations and failure to consider the effects of pain medication.
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