The Board remands the case for a new VA examination to address whether vertigo is related to service or aggravated by service-connected disabilities.
The deciding factor: The July 2023 opinion was insufficient, and the May 2022 examination did not adequately address an aggravation theory as required by Atencio v. O'Rourke, 30 Vet. App. 74 (2018).
- Claimed conditions
- vertigo, dizziness
- How they argued it
- Aggravation of a pre-existing condition
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 7, 2024
- Citation
- A24063961
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.
- Denied
The Board denied the Veteran's claims for service connection for vertigo and a total disability rating based on individual unemployability (TDIU) due to insufficient evidence linking his current condition to active service or any incident of service.
- Denied
The Board denied the veteran's claims for service connection, higher ratings, and earlier effective dates, as well as dismissed his claim for a TDIU.
- Partly granted
The Board granted a restoration of the separate 10 percent rating for vertigo, an earlier effective date for service connection for vertigo and migraines, and a 30 percent rating for hypothyroidism with heart murmur. The decision also denied an earlier effective date for hypertension and remanded claims for obesity, obstructive sleep apnea, and individual unemployability.
- Remanded (sent back)
The Board remands the claim for service connection for dizziness to obtain an adequate medical opinion addressing whether it is related to service or a service-connected disability.
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