The Board remanded the claims for service connection for chronic fatigue syndrome, benign paroxysmal positional vertigo, and erectile dysfunction due to a duty to assist error.
The deciding factor: The VA examination did not address whether tinnitus, facial trauma, significant hearing loss, ruptured tympanic membrane, or ear surgeries aggravated the Veteran's BPPV. Similarly, it did not address whether the Veteran's back condition or any of his prescriptions for service-connected disabilities aggravated or contributed to his ED.
- Claimed conditions
- chronic fatigue syndrome (CFS), benign paroxysmal positional vertigo (BPPV), erectile dysfunction (ED)
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- May 22, 2025
- Citation
- A25046264
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 Veteran was granted a 70 percent initial disability rating for PTSD effective December 2, 2021, but the claim for an increased rating in excess of 70 percent was denied. The appeal also included claims for service connection and ratings for various conditions, some of which were granted while others were remanded.
- Partly granted
The Board denied service connection for chronic fatigue syndrome and denied higher ratings for sinusitis, allergic rhinitis, and lumbosacral strain. However, the Board granted initial 20 percent ratings for left lower extremity radiculopathy, femoral nerve, and sciatic nerve.
- Partly granted
The appeal for service connection for allergic rhinitis and lumbosacral or cervical strain was dismissed due to untimeliness, while the other issues were remanded for further evidence.
- Denied
The Board denied the veteran's claims for increased ratings and service connection, with the exception of remanding certain issues.
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