The Board remands the claims for compensation under provisions of 38 U.S.C. § 1151 for balance, right ear, speech, and respiratory disabilities due to a duty to assist error.
The deciding factor: The VA medical opinions provided were found inadequate as they did not address certain evidence related to the Veteran's post-operative symptoms and potential nerve damage.
- Claimed conditions
- balance disability, right ear disability, speech disability, respiratory disability
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 28, 2025
- Citation
- A25029042
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 service connection for multiple conditions, including bilateral hearing loss and various musculoskeletal issues, as well as an initial rating in excess of 0 percent for rhinitis. However, the Board granted a 70 percent rating for posttraumatic stress disorder (PTSD).
- Denied
The Board denied the veteran's claims for a higher rating for tinnitus and service connection for left ear, right ear, and hematospermia disabilities.
- Remanded (sent back)
The Board remands the claims for service connection for complete loss of sense of smell, an acquired psychiatric disability, a low back disability, a respiratory disability, and tinnitus to schedule VA examinations.
- Partly granted
The Board granted service connection for allergic rhinitis and remanded the other claims for further development.
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This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.