The Veteran's claims for service connection for bilateral hearing loss, cervical spine disability, and lumbar spine disability have been denied due to lack of new and material evidence.,The Veteran's claim for service connection for asthma has been denied as there is no evidence showing the condition started during his service or is related to his service.,The Veteran's claims for service connection for prostate cancer and penile condition due to herbicide exposure have been remanded for further development.,The Veteran's claim for service connection of PTSD remains pending, with a need for new and material evidence. The claim for an acquired psychiatric disorder other than PTSD also has been remanded.
The deciding factor: There is no new and material evidence to support the reopening of claims for bilateral hearing loss, cervical spine disability, or lumbar spine disability.,The Veteran's asthma was not shown to have started during his service or be related to his service. The lack of medical records indicating a connection between his current condition and his military service is significant.,There is no evidence showing the Veteran's prostate cancer or penile condition due to herbicide exposure are related to his service, despite his assertions.,The claim for PTSD remains pending as there is insufficient new and material evidence. The claim for an acquired psychiatric disorder other than PTSD also requires further development.
- Claimed conditions
- bilateral hearing loss, cervical spine disability, lumbar spine disability, asthma, prostate cancer, penile condition due to herbicide exposure, GERD (gastroesophageal reflux disease), an acquired psychiatric disorder other than PTSD
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 12, 2021
- Citation
- 21062740
Veterans Law Judge
Decisions by this judge: 2,669 · Granted: 23% (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 21062740.
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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