The Board remands the Veteran's appeal for consideration of new evidence by the AOJ in the first instance and to ensure that VA has satisfied its duty to assist, including scheduling a new examination.
The deciding factor: Remand is necessary due to the need for initial review of additional evidence obtained since the last decision and to ensure adequate examinations are conducted.
- Claimed conditions
- right foot postoperative tailor's bunion, lumbar intervertebral disc syndrome (IVDS), previously rated as degenerative arthritis of the lower back, bilateral hearing loss, total disability rating based on individual unemployability (TDIU) due to service-connected disabilities
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 5, 2022
- Citation
- 22000375
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 withdrew the appeals for service connection for bilateral pes planus, obstructive sleep apnea, bilateral hearing loss, tinnitus, and chronic obstructive pulmonary disease (COPD).
- Denied
The Board denied service connection for multiple conditions, including bilateral hearing loss and various musculoskeletal issues, as well as an initial rating in excess of 0 percent for rhinitis. However, the Board granted a 70 percent rating for posttraumatic stress disorder (PTSD).
- Partly granted
The Veteran's tinnitus is granted, while fibromyalgia, internal or external hemorrhoids, bilateral hearing loss, and neuropathy are denied.
- Granted
The Board granted service connection for bilateral hearing loss, finding it at least as likely as not related to the Veteran's in-service noise exposure.
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