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Remanded (sent back)PACT Act

The Veteran's claims for bilateral hearing loss and tinnitus are remanded due to inadequacies in the November 2013 VA examination report. The Board finds a new VA examination is necessary as it is unclear whether there was acoustic trauma or hazardous noise exposure during service.,The Veteran's claims for left and right lower extremity neuropathy are remanded due to inadequate consideration of his Agent Orange exposure claim. A VA examination is needed to determine the etiology of his neuropathy, including its relationship to service and herbicide exposure.,The Veteran's initial ratings for PTSD and depressive disorder are remanded as there may be additional relevant medical records that have not been obtained yet. The Board also notes that a TDIU claim is inextricably intertwined with the other claims.,The Veteran's entitlement to a TDIU is remanded due to the need for further development of his disability picture, including obtaining VA treatment records from November 2017 onwards.

The deciding factor: There are insufficient details provided by the November 2013 VA examination report regarding the Veteran’s hearing loss and tinnitus claims. The Board finds that a new VA examination is necessary to determine whether there was acoustic trauma or hazardous noise exposure during service.,The Veteran's lower extremity neuropathy claim involves potential Agent Orange exposure, which requires further medical evaluation to determine its etiology. The Board notes the need for a VA examination to assess the nature and etiology of his neuropathy.,There are outstanding medical records that have not been obtained yet, including those from November 2017 onwards. These records may provide additional information relevant to the Veteran's PTSD and depressive disorder claims as well as his TDIU claim.,The Veteran’s disability picture is inextricably intertwined with his other claims, particularly his hearing loss and tinnitus claims. Therefore, a new VA examination is necessary to determine whether there was acoustic trauma or hazardous noise exposure during service.

Claimed conditions
bilateral hearing loss, tinnitus, right lower extremity neuropathy, left lower extremity neuropathy
How they argued it
Not specified
Exposure basis
None
Rating assigned
None in this decision
Decision date
April 19, 2019
Citation
19130766

Veterans Law Judge

U. R. POWELL

Decisions by this judge: 2,374 · Granted: 19% (granted or partly granted, in the vetted decisions on this site)

Judge attribution: 2025 complete; earlier years partial.

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 19130766.

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

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