The Veteran's appeal is being REMANDED to obtain additional medical opinions regarding the etiology of his thoracic spine disability, bilateral hearing loss and tinnitus, left eye scar, right orbital fracture, sleep disorder, and acquired psychiatric disorder. The Veteran will not receive a rating for an increased rating in excess of 10 percent for his Lisfranc injury of the right foot.
The deciding factor: The Board found that there was pre-decisional duty to assist error prior to the January 2019 rating decision on appeal, and therefore, additional medical opinions are needed to determine the etiology of the Veteran's claimed disabilities.
- Claimed conditions
- Lisfranc injury of the right foot, Thoracic spine disability, Bilateral hearing loss (BHL), Bilateral recurrent tinnitus, Left eye scar, Right orbital fracture, Sleep disorder, Acquired psychiatric disorder
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 5, 2023
- Citation
- A23027719
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 A23027719.
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.
- Denied
The Board denied the Veteran's claims for service connection for a low back disability and an increased rating for his acquired psychiatric disorder. The Board found that there was no evidence linking the current disabilities to military service.
- Remanded (sent back)
The Board has remanded the case for a determination on whether injuries sustained in a November 2001 incident were in the line of duty. The claim for service connection for an acquired psychiatric disorder is also remanded due to its interdependence with the line of duty issue.
- Remanded (sent back)
The Board has remanded the case due to a duty to assist error in failing to obtain private treatment records from the Veteran's treating clinician.
- Granted
The Veteran's claim for an earlier effective date of August 13, 2018, for the award of service connection for an acquired psychiatric disorder is granted. The Veteran also meets the schedular criteria for entitlement to TDIU prior to June 1, 2023.
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