The appeal with respect to entitlement to a TDIU from January 26, 2009 is dismissed. The issue of service connection for a head or vestibular disability (other than Meniere's disease) is remanded.
The deciding factor: The Veteran is already in receipt of multiple individual and combined 100 percent schedular disability ratings, as well as SMC under 38 U.S.C. �� 1114(l), which renders moot the issue of entitlement to a TDIU for the period when a 100 percent schedular rating is in effect.
- Claimed conditions
- Meniere's disease, head or vestibular disability (other than Meniere's disease)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 21, 2022
- Citation
- 22065052
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 22065052.
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.
- Dismissed
The Veteran's appeals for increased ratings in excess of 30 percent for peripheral vestibular disorders (Meniere's disease) and unspecified somatic symptom and related disorder have been dismissed due to the Veteran's withdrawal of the claims prior to a decision being made.
- Dismissed
The Board dismissed all appeals for service connection and increased rating claims due to untimely Notice of Disagreement submissions.
- Remanded (sent back)
The Board has decided to remand the case due to inadequate medical opinions regarding whether the Veteran's Meniere's disease is caused by or aggravated by his service-connected hearing loss and/or tinnitus.
- Remanded (sent back)
The appeal is remanded due to inadequate notice and the need for an adequate medical opinion regarding eligibility for PCAFC benefits. The claim will be evaluated under the correct statutory criteria set forth in 38 U.S.C. § 1720G(a).
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