The Veteran's appeal involves multiple conditions and exposures, with the majority of issues seeking service connection for various health problems. The Board has determined that a hearing is needed to address these claims.
The deciding factor: The Veteran failed to appear at his previously scheduled Board hearing due to incarceration, but now requests another hearing in light of his current circumstances.
- Claimed conditions
- type I diabetes mellitus, hypothyroidism, migraines, head injuries, dislocated left shoulder, lung and throat breathing problems due to asbestos exposure, dysphagia due to asbestos exposure, herniated spinal discs, left hip arthritis, right hip arthritis, left knee arthritis, right knee arthritis, left foot neuropathy, right foot neuropathy, chronic fatigue syndrome, sleep apnea, chronic insomnia, memory problems, depression, posttraumatic stress disorder (PTSD), severe allergies, loss of smell, loss of taste, blepharitis of the bilateral eyes, broken nose, dislocated jaw, ulcers, bleeding gums, broken teeth, fear of heights, residuals of lead paint exposure, residuals of bee stings
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 5, 2010
- Citation
- 1041682
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 1041682.
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 claim for a direct service connection opinion and an adequate secondary service connection aggravation opinion.
- Partly granted
The Veteran was granted a 70 percent initial disability rating for PTSD effective December 2, 2021, but the claim for an increased rating in excess of 70 percent was denied. The appeal also included claims for service connection and ratings for various conditions, some of which were granted while others were remanded.
- Partly granted
The Board granted service connection for asthma and remanded claims for insomnia and sleep apnea. Other conditions were denied.
- Partly granted
The Board granted service connection for headaches and increased ratings for left shoulder rotator cuff tear, right shoulder rotator cuff tear, hypertension, and left and right leg restless leg syndrome. The Board denied a compensable rating for bilateral hearing loss and an initial rating in excess of 70 percent for posttraumatic stress disorder.
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