The Board has remanded the case for additional development, including VA examinations to obtain etiology opinions regarding the veteran's claimed back, hip and hearing loss disabilities. The veteran was not provided with proper VCAA notice.
The deciding factor: The veteran did not receive proper VCAA notification as required by Dingess/Hartman v. Nicholson, 19 Vet. App. 473 (2006).
- Claimed conditions
- back disability, hip disability, bilateral hearing loss
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- June 28, 2006
- Citation
- 0619049
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 0619049.
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 remands the issue of entitlement to service connection for a back disability due to a duty to assist error, specifically regarding VA's failure to provide the Veteran with a VA examination prior to the rating decision.
- Dismissed
The Veteran withdrew the appeals for service connection for bilateral pes planus, obstructive sleep apnea, bilateral hearing loss, tinnitus, and chronic obstructive pulmonary disease (COPD).
- 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).
- Partly granted
The Veteran's tinnitus is granted, while fibromyalgia, internal or external hemorrhoids, bilateral hearing loss, and neuropathy are denied.
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