The Board remands the claim for service connection for a peripheral vestibular disability to obtain a VA medical opinion addressing whether it was proximately due to or aggravated by service-connected bilateral hearing loss and/or tinnitus.
The deciding factor: There has not been substantial compliance with the Board's prior remand, as the March 2022 VA medical opinion does not address the required questions.
- Claimed conditions
- otitis externa, left peripheral vestibular lesion, left vestibular hypofunction, hypoactive labyrinth
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 10, 2024
- Citation
- 24001589
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.
- Partly granted
The appeal was granted for service connection of left ear hearing loss and OSA, but denied for hepatic steatosis. Several claims were remanded.
- Partly granted
The Board granted an earlier effective date for tinnitus but denied increased ratings and service connection for other conditions.
- Remanded (sent back)
The Board remands the claims for service connection for a recurrent neurological disability, including partial complex seizure disorder and headache disability, and a recurrent ear disability, including otitis externa, to ensure necessary development is completed.
- Denied
The Board denied service connection for otitis externa, hemorrhoids, allergic rhinitis, and irritable bowel syndrome. The claims for memory loss disability, sinusitis, neck disability, and back disability were remanded.
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