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Remanded (sent back)PACT Act

The Veteran's tinnitus is granted as service-connected.,Service connection for bilateral hearing loss is remanded due to lack of in-service evidence and potential TERA exposure.,Service connection for a sleep disorder (including sleep apnea) is remanded due to potential TERA exposure.,Service connection for any acquired psychiatric disorder is remanded due to potential TERA exposure.,Service connection for headaches, to include as secondary to a service-connected disability, is remanded due to potential TERA exposure.,Service connection for a back condition is remanded due to lack of in-service evidence and potential TERA exposure.,Service connection for a left shoulder condition is remanded due to lack of in-service evidence and potential TERA exposure.,Service connection for a right shoulder condition is remanded due to lack of in-service evidence and potential TERA exposure.,Service connection for a left ankle condition is remanded due to lack of in-service evidence and potential TERA exposure.,Service connection for a right ankle condition is remanded due to lack of in-service evidence and potential TERA exposure.

The deciding factor: The Veteran's tinnitus began during service and has continued since then, with the Board finding the evidence regarding whether his tinnitus started in service to be in approximate balance.,There is no in-service hearing loss documented on the separation examination. The August 2014 VA examiner opined that the bilateral hearing loss is less likely than not caused by or the result of the Veteran's military service, focusing on a lack of in-service hearing loss and noting significant occupational and recreational noise exposure after service.,The Veteran participated in TERA during his service as a combat engineer. The evidence does not establish service connection for the sleep disorder (including sleep apnea).,There is no in-service diagnosis or treatment for an acquired psychiatric disorder, and the evidence does not establish service connection for any acquired psychiatric disorder.,The Veteran's headaches are related to noise exposure during service. There is also potential TERA exposure that needs to be considered.,The Veteran has a back condition due to his jobs as a combat engineer in recycling and waste recovery. No VA examiner has provided an opinion regarding the etiology of any back disability.,The Veteran's left shoulder condition is related to his service as a combat engineer, with no in-service evidence or treatment for this condition.,The Veteran's right shoulder condition is also related to his service as a combat engineer, with no in-service evidence or treatment for this condition.,The Veteran has bilateral ankle conditions due to his jobs as a combat engineer. No VA examiner has provided an opinion regarding the etiology of any bilateral ankle disability.,The Veteran's right ankle condition is also related to his service as a combat engineer, with no in-service evidence or treatment for this condition.

Claimed conditions
tinnitus, bilateral hearing loss, sleep disorder (including sleep apnea), acquired psychiatric disorder, headaches, back condition, left shoulder condition, right shoulder condition, left ankle condition, right ankle condition
How they argued it
Not specified
Exposure basis
None
Rating assigned
None in this decision
Decision date
September 6, 2023
Citation
23048789

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 23048789.

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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