The Veteran's vertigo is found to have been incurred during his active service, and he is granted service connection for this condition.,An increased rating of 20 percent, but no higher, is granted for the Veteran's left ankle disability (synovitis with lateral collateral ligament sprain).,The Veteran's claim for service connection for an acquired psychiatric disability, to include major depressive disorder, is remanded due to the need for a VA examination.,The Veteran's claim for service connection for sinusitis is remanded due to the need for a new opinion regarding preexistence of the condition.
The deciding factor: Service connection granted based on current diagnosis and in-service occurrence with resolution of all reasonable doubt in favor of the Veteran.,Increased rating granted as marked limitation of motion has been established throughout the appeal period, warranting a maximum schedular rating under DC 5271.,VA examination needed to determine if service connection for psychiatric disability is warranted based on current diagnosis and history.,New opinion required to determine if sinusitis preexisted service or was aggravated by service.
- Claimed conditions
- Vertigo, Acquired Psychiatric Disability, to include Major Depressive Disorder, Sinusitis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 18, 2023
- Citation
- 23016808
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 23016808.
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.
- Granted
The Veteran's sinusitis is currently rated at a noncompensable evaluation. The Board has granted a 30 percent evaluation for sinusitis as of February 19, 2021, based on the number and duration of incapacitating episodes requiring antibiotic treatment.
- 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.
- Dismissed
The Board dismissed the Veteran's appeals for higher disability ratings in excess of 20 percent for cervical spine and lumbar spine conditions, left knee condition, right knee condition, and sinusitis. The Veteran was granted service connection for chronic laryngeal papillomatosis.
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