The Board has decided to remand the case due to incomplete development and requests for records from JFK Medical Center. The VA will need to obtain these records, provide a new opinion regarding whether VA carelessness or negligence contributed to the Veteran's death, and consider if his service-connected bilateral hearing loss played a role in his death.
The deciding factor: The Board found that reasonable efforts were not made to obtain medical records from JFK Medical Center, which are potentially relevant to the issue of whether VA carelessness or negligence contributed to the Veteran's death. The VA is therefore required to make further attempts to obtain these records and provide a new opinion based on this information.
- Claimed conditions
- rectal carcinoma, bilateral hearing loss
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- June 5, 2020
- Citation
- 20038609
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 20038609.
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's appeal for service connection of bilateral hearing loss and a ruptured right ear drum was dismissed due to the death of the Veteran.
- Denied
The Board found that the Veteran's bilateral hearing loss was noted upon entry into active duty service and did not increase in severity during service. Therefore, it denied his claim for service connection.
- Remanded (sent back)
The Board has remanded the claims for bilateral hearing loss, migraine headaches, and PTSD due to additional development of records and examination.
- Remanded (sent back)
The Board has decided to remand the case due to insufficient evidence regarding the Veteran's bilateral hearing loss claim, specifically needing an addendum opinion from a VA examiner. The Veteran will be asked to provide any missing records and former employers' information.
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