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Remanded (sent back)PACT Act

The Veteran's appeal for an initial rating in excess of 10 percent for service-connected sinusitis is remanded.,The Veteran's appeal for entitlement to service connection for a neck scar is remanded.,The Veteran's appeal for entitlement to service connection for an acquired psychiatric disorder, including PTSD, is remanded.,The Veteran's appeal for entitlement to service connection for a gastrointestinal disorder is remanded.,The Veteran's appeal for entitlement to service connection for a skin condition (including cellulitis and/or contact dermatitis) is remanded.,The Veteran's appeal for entitlement to service connection for hearing loss is remanded.,The Veteran's appeal for entitlement to service connection for tinnitus is remanded.,The Veteran's appeal for entitlement to service connection for diabetes mellitus, type II (diabetes), to include as secondary to service-connected disability, is remanded.

The deciding factor: Additional development is necessary due to recent records showing recurrent sinus infections and headaches suggesting a material change in the severity of the Veteran's condition since the last examination.,Records from the San Diego Naval Hospital regarding the incident that the Veteran alleges took place in January 1995 need to be obtained for further evaluation.,The claim must be remanded as intertwined with the neck scar claim and another VA examination is needed to take into account the DSM-IV diagnosis of PTSD and obtain adequate opinions on whether the service-connected disabilities caused or aggravated an acquired psychiatric disorder beyond natural progression.,Another VA examination is necessary to determine if the Veteran has a gastrointestinal disorder related to service or to a service-connected disability, as the evidence shows symptomatology but no conclusive diagnosis.,The Board finds remand is necessary due to the lack of note on cellulitis in service and no examiner considering whether the Veteran currently has cellulitis or a skin condition related to that finding in the service treatment records. Further development may provide more information regarding the claim for tinnitus, including its onset time.,Remand is warranted as there appears to be worsening in some frequencies between entrance and separation from service, requiring an addendum opinion to explain this worsening and determine if it signifies the onset of hearing loss in service.,The Veteran's diabetes is related to his service-connected obstructive sleep apnea. The claim for service connection for diabetes must be remanded as further development may provide more information regarding its relation to service or a service-connected disability.,An addendum opinion is needed to explain the worsening seen on the in-service audiograms and determine if such worsening signifies the onset of hearing loss in service.

Claimed conditions
sinusitis, neck scar, acquired psychiatric disorder (including PTSD), gastrointestinal disorder, skin condition (cellulitis and/or contact dermatitis), hearing loss, tinnitus, diabetes mellitus, type II
How they argued it
Not specified
Exposure basis
None
Rating assigned
None in this decision
Decision date
February 21, 2023
Citation
23010447

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 23010447.

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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