The Veteran's cervical strain and right ear hearing loss claims are denied as there is no evidence of current disabilities.,The Veteran's left leg shin splints with calf muscular strain claim is remanded for further evaluation, but the initial rating remains at 0% (denied).,The Veteran's right leg shin splints with calf muscular strain claim is also remanded for further evaluation, and the initial rating remains at 10% (denied).,The Veteran's headaches claim is denied as there is no evidence of a current disability.
The deciding factor: There is no objective clinical indication that the Veteran currently has a cervical spine disability or right ear hearing loss. The service treatment records indicate that both conditions resolved with physical therapy and have not been diagnosed in post-service records.,The initial rating for left leg shin splints with calf muscular strain remains at 0% (denied) as there is no evidence of current disability, despite the Veteran's subjective complaints of pain.,The initial rating for right leg shin splints with calf muscular strain remains at 10% (denied) as there is no evidence of a current disability, despite the Veteran's subjective complaints of pain and range of motion testing showing pain on movement.,There is no evidence of a current headache disability. The Veteran's subjective complaints are not sufficient to establish a current disability.
- Claimed conditions
- cervical strain, right ear hearing loss, left leg shin splints with calf muscular strain, right leg shin splints with calf muscular strain, headaches
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 14, 2018
- Citation
- 18158283
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 18158283.
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 determined that the Veteran's headaches are at least as likely as not caused by his service-connected traumatic brain injury, and thus grants service connection for this condition.
- Remanded (sent back)
The Board has remanded the case due to incomplete development of records and will provide a supplemental statement of the case if necessary.
- Partly granted
The Board has not made a final determination on the claims of service connection for inguinal hernia, PTSD, joint pain, fibromyalgia, left knee disability, right knee disability, tinnitus, chronic fatigue syndrome, respiratory disability, sleep disorder, IBS, and headaches. The claims are remanded to obtain additional evidence and determine if these conditions are related to service.
- 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.
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