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Remanded (sent back)PACT Act

The Veteran's claim for service connection for bilateral hearing loss was denied due to lack of new and material evidence.,The Veteran's right ankle disability claim is remanded as the RO failed to consider his request for rescheduling due to homelessness, resulting in a denial without proper consideration of this issue.,The Veteran's acquired psychiatric disorder (polysubstance abuse disorder and depression) claim is remanded as new and material evidence was not considered, and an additional VA examination is needed.,The Veteran's lumbar spine disability claim is remanded for a contemporaneous VA examination to determine the current severity of his condition.,The Veteran's left knee limitation of flexion claim is remanded for a contemporaneous VA examination and determination of whether the effective date should be earlier than April 14, 2015.,The Veteran's left knee osteoarthritis claim is remanded to determine if the severance of the separate rating was proper.

The deciding factor: New and material evidence not received within one year of the September 2015 denial for bilateral hearing loss, resulting in a final decision.,The RO failed to consider new and material evidence regarding the Veteran's right ankle disability claim due to his homelessness at the time of the scheduled examination.,The Veteran submitted new and material evidence showing good cause for missing the VA examination, but the RO did not readjudicate the claim until September 2015.,VA treatment records do not document a current diagnosis of bilateral hearing loss as defined by VA regulations. The additional evidence does not raise a reasonable possibility of substantiating the claim.,The Veteran's left knee limitation of flexion claim is remanded due to lack of consideration of new and material evidence regarding his homelessness at the time of the scheduled examination.,The Veteran's left knee osteoarthritis claim is remanded for a contemporaneous VA examination to determine if the effective date should be earlier than April 14, 2015.

Claimed conditions
bilateral hearing loss, right ankle collateral ligament sprain, acquired psychiatric disorder (polysubstance abuse disorder and depression), degenerative arthritis of the lumbar spine and lumbar strain, left knee osteoarthritis
How they argued it
Not specified
Exposure basis
None
Rating assigned
None in this decision
Decision date
June 10, 2022
Citation
22034147

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 22034147.

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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