The Veteran's claim for service connection for bilateral hearing loss is denied as there is no evidence of a current disability.,The Veteran's claims for service connection for irritable bowel syndrome and gastrointestinal disability (including gastroesophageal reflux disease, gastroenteritis) are remanded due to the need for VA examinations and opinions under 38 C.F.R. § 3.317.,The Veteran's claim for service connection for chronic fatigue syndrome is remanded due to the need for VA examinations and opinions under 38 C.F.R. § 3.317.,The Veteran's claims for service connection for headaches are remanded due to the need for a Gulf War examination.,The Veteran's claims for service connection for varicocele and testicular cyst are remanded due to the need for VA examinations and opinions under 38 C.F.R. § 3.317.,The Veteran's claim for special monthly compensation (SMC) based on loss of use of a creative organ, claimed as loss of use of a reproductive organ, is remanded.
The deciding factor: There is no evidence of a current disability of bilateral hearing loss that meets the regulatory definition to constitute a disability for VA purposes.,The claims are remanded due to the need for VA examinations and opinions under 38 C.F.R. § 3.317, as there is at least an indication that the Veteran's current disabilities may be related to his active duty service.,The claim is remanded due to the need for VA examinations and opinions under 38 C.F.R. § 3.317, as there is at least an indication that the Veteran's current disability may be related to his active duty service.,The claims are remanded due to the need for a Gulf War examination, as there is at least an indication that the Veteran's current disabilities may be related to his active duty service.,The claims are remanded due to the need for VA examinations and opinions under 38 C.F.R. § 3.317, as there is at least an indication that the Veteran's current disabilities may be related to his active duty service.,The claim is remanded due to the need for a Gulf War examination, as there is at least an indication that the Veteran's current disabilities may be related to his active duty service.
- Claimed conditions
- bilateral hearing loss, irritable bowel syndrome, gastrointestinal disability (including gastroesophageal reflux disease, gastroenteritis), chronic fatigue syndrome, headaches, varicocele, testicular cyst
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 26, 2019
- Citation
- 19132974
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.
- 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).
- Partly granted
The Board granted service connection for headaches and increased ratings for left shoulder rotator cuff tear, right shoulder rotator cuff tear, hypertension, and left and right leg restless leg syndrome. The Board denied a compensable rating for bilateral hearing loss and an initial rating in excess of 70 percent for posttraumatic stress disorder.
- Partly granted
The Board granted service connection for asthma and remanded claims for insomnia and sleep apnea. Other conditions were denied.
- 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).
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