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Remanded (sent back)PACT Act

Service connection for right ear hearing loss is granted.,An initial 30 percent evaluation for chronic sinusitis is granted. The Veteran's cervical spine disorder and headaches are remanded due to lack of recent examination.,The Veteran’s skin disorder (squamous cell carcinoma) is presumed due to herbicide exposure, but the relationship with his claimed lichen planus-like keratosis remains unclear. Cervical spine disorder secondary to lumbar spine disability is also remanded for further evaluation.,Entitlement to an initial evaluation in excess of 20 percent from May 7, 2012, for lumbosacral Strain (claimed as low back strain) is remanded.,Entitlement to an initial evaluation in excess of 30 percent for unspecified anxiety disorder is remanded.

The deciding factor: The Veteran's right ear hearing loss was related to noise exposure during military service, and the Board granted service connection based on this finding.,The evidence showed more than six non-incapacitating episodes per year of sinusitis characterized by headaches, pain, purulent discharge or crusting. The Board found that these criteria were met for a 30 percent evaluation.,The Veteran's cervical spine disorder and headaches are remanded as the last examination was over five years ago and there is conflicting evidence regarding their diagnoses and causes.,The skin disorders (squamous cell carcinoma of the right shin and lichen planus-like keratosis of the right upper arm) are presumed due to herbicide exposure, but the relationship with his claimed lichen planus-like keratosis remains unclear. The cervical spine disorder secondary to lumbar spine disability is also remanded for further evaluation.,The Veteran's anxiety disorder is remanded as there was no recent examination and the criteria for an increased rating were not met.

Claimed conditions
right ear hearing loss, chronic sinusitis, cervical spine disorder (claimed as cervical spondylosis), headaches (claimed as cephalgia), skin disorder (squamous cell carcinoma of the right shin and lichen planus-like keratosis of the right upper arm)
How they argued it
Not specified
Exposure basis
None
Rating assigned
None in this decision
Decision date
November 29, 2019
Citation
19190052

Veterans Law Judge

MARTIN B. PETERS

Decisions by this judge: 1,242 · Granted: 27% (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 19190052.

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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