The Board has remanded the case due to an error in limiting the scope of the Veteran's claim. The issue now is whether it was ascertainable prior to April 15, 2021, that the Veteran had residuals of a TBI that included symptoms of dizziness and gait/balance problems.
The deciding factor: The Board found that there was an error in limiting the scope of the Veteran's claim and now needs to determine if it was ascertainable prior to April 15, 2021, that the Veteran had residuals of a TBI including symptoms of dizziness and gait/balance problems.
- Claimed conditions
- dizziness, gait and balance problems
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 8, 2023
- Citation
- 23065221
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 23065221.
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 found that additional VA opinions are needed to address the nature and etiology of the Veteran's dizziness, including benign paroxysmal positional vertigo, and tension headaches, including migraines. The opinions should consider the Veteran's participation in a TERA and the combined effect of all his service-connected disabilities.
- Denied
The Veteran's dizziness condition is rated at a 10 percent disability rating under Diagnostic Code 6204, as the evidence does not show occasional staggering. The Board finds that a higher rating is not warranted.
- Remanded (sent back)
The Board has remanded the case due to a duty to assist error, as there is insufficient evidence to determine if the Veteran's inner ear symptoms are related to service or any other condition.
- Remanded (sent back)
The Board has found new and relevant evidence in support of the Veteran's previously denied service connection claim for dizziness and faintness. The case is being remanded to consider this new evidence.
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