The Veteran's hepatitis A is rated at a 40 percent rating prior to January 22, 2019 and denied for any higher ratings thereafter. The Veteran also has service-connected restless leg syndrome that is secondary to his radiculopathy.,Service connection for Meniere's disease and vertigo are both remanded as the VA examiner did not adequately consider the Veteran's lay statements regarding his symptoms in service and post-service.
The deciding factor: The medical evidence does not support a higher rating for hepatitis A prior to January 22, 2019 or from that date onwards. The Veteran has reported daily fatigue, malaise, anorexia, nausea, vomiting, right upper quadrant pain, and minor weight loss.,The VA examiner did not adequately consider the Veteran's lay statements regarding his symptoms in service and post-service when determining whether Meniere's disease and vertigo are secondary to hepatitis A.
- Claimed conditions
- Hepatitis A, Restless Leg Syndrome, Meniere's Disease, Diabetes Mellitus Type II, Vertigo
- How they argued it
- Secondary to another service-connected condition
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 23, 2022
- Citation
- 22010221
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 22010221.
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.
- Remanded (sent back)
The Board has remanded the claims of entitlement to service connection for vertigo and obstructive sleep apnea (OSA) due to a pre-decisional duty to assist error. The Veteran's hearing loss is not rated higher than 10 percent.
- Remanded (sent back)
The Board has decided to remand the case due to an error in providing notice of a pre-decisional hearing. The Veteran's claim for service connection for hepatitis A will be reconsidered by the AOJ with instructions to provide such notice.
- Denied
The Board denied the Veteran's claim for service connection for diabetes mellitus type II (DMII) as due to herbicide agent exposure, finding that he has not been diagnosed with DMII at any point during the period on appeal.
- Granted
The Veteran's claim for a separate rating of 30 percent for vertigo is granted, while the claim for an increased rating for tinnitus remains denied.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.