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Remanded (sent back)PACT Act

The Veteran's right ear hearing loss is related to his active service.,A new VA examination and opinion are needed to determine if the Veteran currently meets the criteria for a hearing loss disability in his left ear for VA purposes. The examiner must address whether the Veteran’s gastrointestinal, chronic fatigue syndrome, respiratory issues including rhinitis, and skin conditions are due to disease or injury in active service.,A new VA examination and opinion are needed to determine if the Veteran's gastrointestinal problems, chronic fatigue syndrome, respiratory issues including rhinitis, and skin conditions are due to disease or injury in active service. The examiner must address whether these symptoms are attributable to a diagnosed condition with both an etiology and pathophysiology that is at least partially understood in the context of the Veteran’s unique circumstances.,A new VA examination and opinion are needed to determine if the Veteran's gastrointestinal problems, chronic fatigue syndrome, respiratory issues including rhinitis, and skin conditions are due to disease or injury in active service. The examiner must address whether these symptoms are attributable to a diagnosed condition with both an etiology and pathophysiology that is at least partially understood in the context of the Veteran’s unique circumstances.,A new VA examination and opinion are needed to determine if the Veteran's gastrointestinal problems, chronic fatigue syndrome, respiratory issues including rhinitis, and skin conditions are due to disease or injury in active service. The examiner must address whether these symptoms are attributable to a diagnosed condition with both an etiology and pathophysiology that is at least partially understood in the context of the Veteran’s unique circumstances.

The deciding factor: Resolving reasonable doubt in favor of the Veteran, his right ear hearing loss is related to service.,The VA examiner did not adequately address whether the Veteran's gastrointestinal, chronic fatigue syndrome, respiratory issues including rhinitis, and skin conditions are due to disease or injury in active service. The examiner also failed to consider all of the Veteran’s reported symptoms during and after service.,The VA examiner did not adequately address whether the Veteran's gastrointestinal problems, chronic fatigue syndrome, respiratory issues including rhinitis, and skin conditions are due to disease or injury in active service. The examiner also failed to consider all of the Veteran’s reported symptoms during and after service.,The VA examiner did not adequately address whether the Veteran's gastrointestinal problems, chronic fatigue syndrome, respiratory issues including rhinitis, and skin conditions are due to disease or injury in active service. The examiner also failed to consider all of the Veteran’s reported symptoms during and after service.,The VA examiner did not adequately address whether the Veteran's gastrointestinal problems, chronic fatigue syndrome, respiratory issues including rhinitis, and skin conditions are due to disease or injury in active service. The examiner also failed to consider all of the Veteran’s reported symptoms during and after service.

Claimed conditions
Hearing loss in the right ear, Gastrointestinal problems, Chronic fatigue syndrome, Rhinitis/sinusitis (claimed as a respiratory condition), Skin condition
How they argued it
Not specified
Exposure basis
None
Rating assigned
None in this decision
Decision date
August 17, 2020
Citation
20054195

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 20054195.

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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