The Veteran's claim for a higher initial rating for his left lower leg scar is remanded due to the need for a new VA examination.,The Veteran's claim for service connection for bilateral hearing loss is remanded as there may have been a worsening of his hearing since the last VA examination, and additional records are needed.,The Veteran's claim for service connection for a back disability is remanded as more recent VA treatment records need to be associated with the claims file.
The deciding factor: A new VA examination is required due to incomplete information from the previous examination regarding the current severity of the left lower leg scar.,The Veteran has reported using hearing aids and having a diagnosis of bilateral sensorineural hearing loss, which may indicate a worsening since the last VA examination. Additionally, more recent records are needed for consideration.,More recent VA treatment records need to be associated with the claims file as they contain information about the Veteran's back disability.
- Claimed conditions
- left lower leg scar, bilateral hearing loss, back disability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 10, 2019
- Citation
- 19127879
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 issue of entitlement to service connection for a back disability due to a duty to assist error, specifically regarding VA's failure to provide the Veteran with a VA examination prior to the rating decision.
- Dismissed
The Veteran withdrew the appeals for service connection for bilateral pes planus, obstructive sleep apnea, bilateral hearing loss, tinnitus, and chronic obstructive pulmonary disease (COPD).
- Denied
The Board denied service connection for multiple conditions, including bilateral hearing loss and various musculoskeletal issues, as well as an initial rating in excess of 0 percent for rhinitis. However, the Board granted a 70 percent rating for posttraumatic stress disorder (PTSD).
- Partly granted
The Veteran's tinnitus is granted, while fibromyalgia, internal or external hemorrhoids, bilateral hearing loss, and neuropathy are denied.
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