The Board has remanded the case back to the RO for initial review of the newly submitted evidence regarding service connection for peripheral vascular disease and right ear hearing loss.
The deciding factor: Due process was not followed as the Veteran's representative did not waive initial RO review of the new evidence, which is required by regulations.
- Claimed conditions
- peripheral vascular disease with left below-the-knee amputation, right ear hearing loss
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 14, 2010
- Citation
- 1014277
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 1014277.
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 appeal for a compensable rating for left ear hearing loss, service connection for right ear hearing loss, and bilateral vision condition was dismissed. Service connection for hypertension, congestive heart failure, and coronary artery disease was denied.
- Granted
The Board granted service connection for right ear hearing loss, resolving reasonable doubt in the Veteran's favor based on a finding of etiological relation to in-service noise exposure.
- Denied
The Board denied service connection for various conditions, including left foot condition, right foot condition, cellulitis, right ear hearing loss, and right lower extremity radiculopathy. The appeal of the proposal to reduce a 40 percent evaluation for lumbosacral strain was dismissed.
- Partly granted
The Board granted an initial rating of 70 percent for the Veteran's service-connected depressive disorder due to another medical condition with depressive features and generalized anxiety disorder, denied a higher rating for his migraine including migraine variants, and denied ratings for other conditions.
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