The Veteran's claims for service connection for vertigo, bilateral hearing loss, sleep apnea, and shoulder disorders are remanded. The Veteran's right elbow and right knee disabilities have been granted a separate rating based on instability.
The deciding factor: The Veteran did not meet the criteria for service connection as his current disability was not shown to be present during or proximate to the period of appeal.
- Claimed conditions
- Vertigo, Right Elbow Lateral Epicondylitis (Right Elbow Disability), Right Knee Complete Tear of Medial Collateral Ligament (MCL) Status Post Arthroscopy with Degenerative Disease (Right Knee Disability)
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- May 9, 2022
- Citation
- 22027145
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 22027145.
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 Veteran's claims for service connection are remanded due to the need for further development, including verification of in-service stressors and toxic exposure assessments. The Board also requests a VA examination to address the etiology of his diagnosed mental health conditions and vertigo.
- 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.
- Remanded (sent back)
The Veteran's claims for service connection of chronic fatigue syndrome and vertigo are being remanded due to duty-to-assist errors. The PFB claim is denied as the disability does not meet the criteria for a compensable rating.
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