The Board has remanded the case for additional development, including verifying ACDUTRA service dates and scheduling VA examinations to address the appellant's claims. The issues include reopening previously denied claims of bilateral carpal tunnel syndrome and right foot disability, as well as determining whether new evidence supports reopening other claims.
The deciding factor: The Board found that substantial compliance with remand directives has not been achieved due to incomplete verification of ACDUTRA service dates and the need for VA examinations to address the appellant's psychiatric and hearing loss claims.
- Claimed conditions
- bilateral carpal tunnel syndrome, right foot disability, myositis, cervical spine, myositis, lumbar spine, peripheral neuropathy, left ear hearing loss, acquired psychiatric disorder (claimed as major depression with psychotic features)
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 28, 2011
- Citation
- 1140188
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 1140188.
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.
- Remanded (sent back)
The Board has determined that additional development is needed for the claims on appeal, including obtaining any outstanding treatment records and scheduling VA examinations to assess the current severity of service-connected disabilities. The Veteran's representative also requested reevaluation of his service-connected disabilities.
- Remanded (sent back)
The Board has remanded the claims for shin splints, right knee disability, acquired psychiatric disorder (depression), stomach disability, and left ear hearing loss due to errors in providing notice of the right to a hearing.
- Dismissed
The Board dismissed the Veteran's appeals for service connection of sleep apnea, left lower extremity (LLE) sciatic nerve radiculopathy, and right ear hearing loss due to untimely filing.,The Board also dismissed the appeal for service connection of left ear hearing loss as moot because it was already granted in a prior decision.
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