The Board partially granted the Veteran's Motion to Vacate, vacating the denial of service connection for gout, ear condition (constant pressure), hypertension, diabetes, headaches, peripheral neuropathy in both upper and lower extremities, and right ear hearing loss. The decision also denied the portion of the motion that requested vacatur of the remanded claims of tinnitus.
The deciding factor: The Board found that the issuance of the December 4, 2018 decision was premature due to an unfulfilled FOIA request, thus allowing for a partial vacature of the denial of service connection for the aforementioned conditions.
- Claimed conditions
- gout, ear condition (constant pressure), hypertension (also claimed as high blood pressure), diabetes, headaches, peripheral neuropathy, left upper extremity, peripheral neuropathy, right upper extremity, peripheral neuropathy, left lower extremity, peripheral neuropathy, right lower extremity
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 26, 2019
- Citation
- 19189582
Veterans Law Judge
Decisions by this judge: 1,874 · Granted: 33% (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 19189582.
What this means for you
A grant means the Board agreed the veteran was entitled to the benefit. Decisions like this show the kind of evidence and arguments that tend to succeed for claims like it.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Board has determined that the Veteran's headaches are at least as likely as not caused by his service-connected traumatic brain injury, and thus grants service connection for this condition.
- Remanded (sent back)
The Board has remanded the case due to incomplete development of records and will provide a supplemental statement of the case if necessary.
- Partly granted
The Board has not made a final determination on the claims of service connection for inguinal hernia, PTSD, joint pain, fibromyalgia, left knee disability, right knee disability, tinnitus, chronic fatigue syndrome, respiratory disability, sleep disorder, IBS, and headaches. The claims are remanded to obtain additional evidence and determine if these conditions are related to service.
- Remanded (sent back)
The Board has remanded the Veteran's gout claim for additional development, including obtaining an adequate VA examination and ensuring all relevant records are obtained. The TDIU claim is also being remanded.
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