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Remanded (sent back)PACT Act

Service connection for tinnitus is granted.,Entitlement to service connection for a bilateral hearing loss disability, to include as secondary to diabetes mellitus (diabetes), is remanded.,Entitlement to service connection for cirrhosis of the liver, to include as secondary to service-connected gastroesophageal reflux disease (GERD) and peptic ulcer disease (hereinafter GERD) and/or as secondary diabetes, is remanded.,Entitlement to service connection for diabetes, to include as due to herbicide agent and pesticide / insecticide exposure, is remanded.,Entitlement to service connection for a nerve disorder, to include as due to radiation exposure, herbicide agent exposure, and pesticide / insecticide exposure, and/or secondary to diabetes, is remanded.,Entitlement to service connection for a respiratory disorder, to include residuals of a pulmonary embolism, to include as secondary to diabetes, is remanded.,Entitlement to service connection for right lower extremity peripheral neuropathy, to include as due to herbicide agent and pesticide / insecticide exposure and/or a secondary to diabetes, is remanded.,Entitlement to service connection for left lower extremity peripheral neuropathy, to include as due to herbicide agent and pesticide / insecticide exposure and/or as secondary to diabetes, is remanded.

The deciding factor: The evidence demonstrates that the Veteran's tinnitus was incurred during or is otherwise related to active service.,The Board finds that the evidence is at least in a state of approximate balance as to whether the Veteran's tinnitus was incurred or otherwise related to service. The question becomes whether the Veteran's tinnitus is related to service. The Board finds that the evidence is at least in a state of approximate balance as to whether the Veteran's tinnitus was incurred or otherwise related to service.,The Veteran asserted that his cirrhosis of the liver was secondary to his service-connected GERD and/or diabetes, and he had gastrointestinal symptoms during service. Thus, the Board cannot make a fully-informed decision on the claim because no VA examiner has opined whether the Veteran's cirrhosis is related to service and/or his service connected GERD.,The Veteran asserted that his diabetes was due to in-service pesticide exposure. The Board cannot make a fully-informed decision on the claims because no VA examiner has opined whether the Veteran's diabetes, nerve disorder, or peripheral neuropathy are related to his reported in-service pesticide and insecticide exposure.,The Veteran asserted that his respiratory disorder is secondary to service-connected pulmonary embolism. The Board cannot make a fully-informed decision on the claim because no VA examiner has opined whether the Veteran's status post-pulmonary emboli is related to his in-service respiratory symptoms.

Claimed conditions
tinnitus, bilateral hearing loss disability, cirrhosis of the liver, diabetes, nerve disorder, respiratory disorder, right lower extremity peripheral neuropathy, left lower extremity peripheral neuropathy
How they argued it
Not specified
Exposure basis
None
Rating assigned
None in this decision
Decision date
April 11, 2023
Citation
23021917

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 23021917.

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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