The Veteran is to be afforded VA examinations for his claimed conditions, as the evidence of record does not provide a clear rationale for the etiology of these disabilities.
The deciding factor: Further examination is necessary to determine the nature and etiology of the Veteran's claimed conditions due to insufficient medical evidence in the claims file.
- Claimed conditions
- Bilateral hearing loss disability, Liver cancer, liver cirrhosis, and hepatitis C, Skin disability, to include folliculitis, cystic acne, and chloracne
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 26, 2009
- Citation
- 0911298
Veterans Law Judge
Decisions by this judge: 1,500 · Granted: 17% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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 0911298.
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.
- Granted
The Board has granted effective dates of August 10, 2022 for hypertension and July 25, 2023 for diabetes mellitus, type II, bilateral lower extremity diabetic peripheral neuropathy, a bilateral hearing loss disability, and tinnitus.,The Veteran's conditions were found to have manifested no later than the dates specified in their respective effective dates.
- Granted
The Veteran's claim for an increased rating for thoracolumbar spine degenerative arthritis and DDD was granted effective August 29, 2022. Service connection was established for vitreous syneresis / vitreous floaters of both eyes. The claims for service connection for refractive error of both eyes (myopia and astigmatism), bilateral hearing loss disability, residuals of a traumatic brain injury (TBI), obstructive sleep apnea, and an acquired psychiatric disorder (PTSD) were all denied.
- Dismissed
The Veteran's appeals have been dismissed due to their death. The Board has no jurisdiction to adjudicate the merits of these claims as they are moot.
- Denied
The Veteran's claims for an earlier effective date, a compensable rating for bilateral hearing loss disability, and increased ratings for hypertension and an acquired psychiatric disorder have all been denied. The Board found that the evidence did not support an earlier effective date due to lack of intent or claim filing prior to July 14, 2022. For the other claims, the evidence did not meet the criteria for a compensable rating for bilateral hearing loss disability and for increased ratings for hypertension and an acquired psychiatric disorder.
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