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Whole decision: Remanded (sent back)PACT Act

The Veteran's appeal for service connection for an immune system disorder is denied.,Service connection for tinnitus is denied as it is not related to in-service noise exposure and the Veteran’s current tinnitus began many years after service.,Bilateral hearing loss (right ear) is not shown to be a disability for VA purposes, while left ear hearing loss is noted at entrance but does not show an increase in severity during service.,The issue of entitlement to increased initial rating for right knee chondromalacia patella is dismissed as the Veteran withdrew his appeal.,Service connection for head injury and brain tumor with residual memory loss, scar, slurred speech and headaches are remanded for additional development due to lack of specific medical examination or diagnosis.,Entitlement to service connection for muscle and joint pain is remanded for further evaluation.

The deciding factor: The preponderance of the evidence does not support a finding that an immune system disorder had its onset during service or is related to service. The Veteran's lay assertions are insufficient to trigger VA’s duty to provide an examination in this instance.,There was no significant threshold shift in right ear hearing loss while on active duty, and the February 2014 VA examiner concluded that it did not increase in severity during service. The Veteran's preexisting left ear hearing loss is presumed to have been aggravated by service based on entrance exam results showing a higher level of hearing loss than at separation.,The Veteran reported experiencing tinnitus since 2006 or 2007, and the February 2014 VA examiner concluded that it was not related to in-service noise exposure. The Veteran's lay assertions are insufficient to trigger VA’s duty to provide an examination in this instance.,There is no evidence of worsening left ear hearing loss during service, and the preexisting condition presumption does not apply as there were no significant threshold shifts in right ear hearing loss while on active duty.,The Veteran reported a head injury during service due to a ship going through a major storm. The February 2014 VA examiner concluded that it is less likely as not related to service exposure, with hearing protection, to noise from equipment, diesel engines, and jets.,The Veteran has been diagnosed with a brain tumor in 2005. He asserts he was exposed to chemicals during service, including during his work with 80-ton air conditioning units.

Claimed conditions
bilateral hearing loss, brain tumor with residual memory loss, scar, slurred speech and headaches, head injury, immune system disorder, muscle and joint pain, right knee chondromalacia patella, tinnitus
How they argued it
Not specified
Exposure basis
None
Rating
Not verified here — check the original decision
Decision date
August 1, 2019
Citation
19159900

Veterans Law Judge

L. STEPANICK

Decisions by this judge: 915 · Granted: 38% (granted or partly granted, in the indexed 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. Read the original VA decision (opens in a new tab) using citation 19159900.

What this means for you

A remand sends an issue back for more development, often a new examination or missing records. It does not award the benefit or decide the final outcome. The original decision explains the additional work ordered.

What you can do next

Use your own notice and decision stage. A remanded issue is not a final court-appealable denial. VA review guidance and CAVC filing instructions (U.S. federal; reviewed October 7, 2026).

Related decisions

Other Board decisions on a similar condition or argued the same way.

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