The Board has remanded the claims for bilateral hearing loss and peripheral venous insufficiency in both legs due to inadequate examination prior to September 27, 2005. The Veteran is requested to be examined by a VA examiner or at his correctional facility if possible.
The deciding factor: The Court found that the Board failed to address the adequacy of VA's efforts to schedule an audiological examination and consider the Veteran's reports of hearing difficulties prior to September 27, 2005.
- Claimed conditions
- bilateral hearing loss, peripheral venous insufficiency in right leg, peripheral venous insufficiency in left leg
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 16, 2019
- Citation
- 19178964
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).
- 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.
- Granted
The Board granted service connection for bilateral hearing loss, finding it at least as likely as not related to the Veteran's in-service noise exposure.
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