The Board remands the issues on appeal for additional development due to mailing delays and a denial of due process.
The deciding factor: Remand is necessary to ensure compliance with procedural safeguards providing for an extension of time to submit lay or medical evidence.
- Claimed conditions
- Bilateral hearing loss, Posttraumatic stress disorder (PTSD), Left foot disorder, Right foot disorder, Intervertebral disc syndrome (IVDS), Left lower extremity radiculopathy, Right lower extremity radiculopathy, Right shoulder degenerative arthritis, Left shoulder degenerative arthritis
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 12, 2022
- Citation
- 22001674
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.
- Granted
The Board granted service connection for PTSD, resolving reasonable doubt in the Veteran's favor and finding that his PTSD is related to an in-service military sexual trauma (MST) during a period of ACDUTRA.
- Denied
The Board denied the veteran's claim for service connection for bilateral hearing loss, as there was no evidence of a current disability in the right ear and insufficient evidence to establish a nexus between the left ear hearing loss and service.
- Remanded (sent back)
The Board remands the matter for a medical clarification regarding whether the Veteran's service-connected epilepsy has aggravated his bilateral hearing loss.
- Partly granted
The Veteran was granted an effective date of July 31, 2012, for TDIU and October 22, 2012, for service connection of left and right lower extremity radiculopathy.
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