The veteran's claims for increased ratings for PTSD, left ankle fracture residuals, shell fragment wound of the left leg, and bilateral hearing loss are being remanded due to insufficient notice provided and the need for additional VA examinations.
The deciding factor: Insufficient notice was given regarding the types of evidence needed to substantiate the increased rating claims, as required by Vazquez-Flores v. Peake (2008). Additionally, new examinations are necessary to assess the current severity of the veteran's service-connected conditions.
- Claimed conditions
- post-traumatic stress disorder (PTSD), residuals of a left ankle fracture, residuals of a shell fragment wound of the left leg, bilateral hearing loss
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 19, 2008
- Citation
- 0843871
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 0843871.
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.
- Dismissed
The Veteran's appeal for service connection of bilateral hearing loss and a ruptured right ear drum was dismissed due to the death of the Veteran.
- Denied
The Board found that the Veteran's bilateral hearing loss was noted upon entry into active duty service and did not increase in severity during service. Therefore, it denied his claim for service connection.
- Remanded (sent back)
The Board has remanded the claims for bilateral hearing loss, migraine headaches, and PTSD due to additional development of records and examination.
- Remanded (sent back)
The Board has decided to remand the case due to insufficient evidence regarding the Veteran's bilateral hearing loss claim, specifically needing an addendum opinion from a VA examiner. The Veteran will be asked to provide any missing records and former employers' information.
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