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Remanded (sent back)PACT Act

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 right knee disability and peripheral neuropathy of the upper extremities are remanded due to unclear evidence of current disabilities, and his diabetes mellitus, type II, may be related to service under presumptive provisions.,The Veteran's claim for service connection for diabetes mellitus, type II is remanded as there was no consideration of a one-year presumptive period.,The Veteran's claims for service connection for peripheral neuropathy of the lower extremities and low back disability are remanded due to unclear evidence of current disabilities.,The Veteran's claim for service connection for sleep apnea is remanded as there was no consideration of a one-year presumptive period.

The deciding factor: There is no evidence of a current hearing loss disability under VA regulations, and the Veteran’s exposure to acoustic trauma does not meet the criteria for a disability.,The right knee symptomatology may amount to a functional impairment of earning capacity due to pain and limited motion. The examiner should determine if it is at least as likely as not related to an in-service injury or disease, including whether proximately due to or aggravated beyond its normal course by his service-connected left knee disability.,The Veteran’s diabetes mellitus, type II may be related to service under presumptive provisions based on blood sugar readings within a one-year period after discharge from service.,There is unclear evidence of current peripheral neuropathy disabilities and low back disability. The examiner should determine if the symptoms amount to a functional impairment of earning capacity due to pain and limited motion, and whether it is at least as likely as not related to an in-service injury or disease.,The Veteran’s sleep apnea may be related to service under presumptive provisions based on blood sugar readings within a one-year period after discharge from service.

Claimed conditions
bilateral hearing loss, right knee disability, diabetes mellitus, type II, peripheral neuropathy of the left upper extremity, peripheral neuropathy of the right upper extremity, peripheral neuropathy of the left lower extremity, peripheral neuropathy of the right lower extremity, low back disability, sleep apnea
How they argued it
Not specified
Exposure basis
None
Rating assigned
None in this decision
Decision date
September 11, 2019
Citation
19170399

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 19170399.

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.

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