The Veteran's claims for service connection and increased evaluations have been remanded due to insufficient evidence regarding the onset of his conditions during or within one year after service, as well as continuity since service. The Board also requested new VA examinations for his bilateral hearing loss, left hip condition, right hip condition, unspecified depressive disorder, chondromalacia of the knees, and sleep apnea.
The deciding factor: The evidence is insufficient to establish that the Veteran's conditions began during or within one year after service or with continuity since service. Therefore, new VA examinations are needed to determine if there was an in-service injury or event that led to his current disabilities.
- Claimed conditions
- {"condition_name":"Bilateral Hearing Loss","diagnosed_as":"Hearing acuity levels Level I in the right ear and Level II in the left ear"}, {"condition_name":"Degenerative Arthritis of the Spine","diagnosed_as":"No ascertained evidence that it began during service, within one year after discharge from service, or with continuity since service."}, {"condition_name":"Left Hip Condition","diagnosed_as":"No ascertained evidence that it began during service, within one year after discharge from service, or with continuity since service."}, {"condition_name":"Right Hip Condition","diagnosed_as":"No ascertained evidence that it began during service, within one year after discharge from service, or with continuity since service."}, {"condition_name":"Acquired Psychiatric Disorder (other than unspecified depressive disorder)","diagnosed_as":"PTSD was not diagnosed in service or prior to service, so there is no question of aggravation of non-service connected condition which is sleep apnea due to PTSD."}
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 16, 2020
- Citation
- 20073193
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
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This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.