The Board has remanded the case due to a scheduling issue and requests that the Veteran's representative have an opportunity to review the claims file before his hearing.
The deciding factor: The Veteran failed to report for the scheduled Travel Board hearing, and requested rescheduling after his representative had not received the claims file. The case is now being returned to the Board for further action following a new hearing.
- Claimed conditions
- low back pain, right ear hearing loss
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- June 29, 2011
- Citation
- 1124538
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 1124538.
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.
- Denied
The Veteran's claim for an initial compensable disability rating for onychomycosis was denied as the condition did not require treatment and covered less than 5% of his body. The Board also remanded issues regarding service connection for left ear hearing loss and entitlement to a compensable disability rating for right ear hearing loss.
- Granted
The claim for service connection of a low back disability was reopened due to the submission of new and material evidence. The claim is denied as there is no evidence that the current condition is related to service.
- Dismissed
The Veteran withdrew his appeal for service connection of right ear hearing loss, and the case is dismissed.
- Remanded (sent back)
The Board has decided to remand the Veteran's claims for heart disease, hypertension, kidney disease, and low back pain due to potential errors in duty to assist. The AOJ is required to verify the Veteran's alleged exposure to herbicide agents and obtain private treatment records.
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