The appeal is remanded to obtain additional evidence and to provide the Veteran with proper notice of the laws and regulations governing his claims.
The deciding factor: Further development is required due to outstanding records, potential new theories of service connection, and the need for updated VCAA notice.
- Claimed conditions
- Bilateral hearing loss, Tinnitus, Sleep apnea, Right knee disorder, Left knee disorder, Residuals of a cold injury to the right lower extremity manifested by chronically cold feet, loss of hair, and thickened toe nails, Residuals of a cold injury to the left lower extremity manifested by chronically cold feet, loss of hair, and thickened toe nails
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 5, 2009
- Citation
- 0908158
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 Board granted service connection for chronic headaches, CFS, dermatosis, bilateral RLS, a lumbar spine disability, and sleep apnea but denied a compensable evaluation for allergic rhinitis.
- Denied
The Board denied the veteran's claims for annual clothing allowances for a left knee sleeve, A&D ointment, hydrocortisone cream, and incontinence briefs due to lack of service connection or evidence that these items cause irreparable damage to outer garments.
- Denied
The Board denied the veteran's claim for service connection for bilateral hearing loss, as there was no evidence of a current disability in the right ear and insufficient evidence to establish a nexus between the left ear hearing loss and service.
- Granted
The Board granted service connection for bilateral hearing loss and tinnitus, finding that the Veteran's conditions are related to in-service noise exposure.
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