The Veteran's claim for service connection for bilateral hearing loss has been reopened and is granted. The VA examiner found that the Veteran's current disability raises a reasonable possibility of substantiating his claim.,The Veteran's claims for increased ratings for low back pain, PTSD, TBI with headaches and numbness of upper and lower extremities are remanded as there are no recent medical records to assess the severity of these conditions.,The Veteran's claims for service connection for right hip pain, eczema, and muscle/joint pain due to an undiagnosed illness are remanded as VA opinions are inadequate. Further development is needed to determine if his disabilities qualify under presumptive provisions or if they are related to service.,The Veteran's claim for service connection for right hip pain is remanded as the VA opinion of record was inadequate and did not address direct service connection, aggravation prong of secondary service connection, or provide a rationale based on medical literature.
The deciding factor: New evidence has been received that raises a reasonable possibility of substantiating the claim for bilateral hearing loss.,There are no recent contemporaneous medical records to assess the severity of the Veteran's back disability, PTSD, and TBI with headaches and numbness of upper and lower extremities. Therefore, VA examinations are needed to determine their current severity.,The VA opinion is inadequate as it did not provide a direct service connection opinion or address the aggravation prong of secondary service connection for right hip pain, eczema, and muscle/joint pain due to an undiagnosed illness. Further development is needed to determine if these disabilities qualify under presumptive provisions or are related to service.,The VA opinion was inadequate as it did not provide a direct service connection opinion or address the aggravation prong of secondary service connection for right hip pain. Further development is needed to determine if this disability qualifies under presumptive provisions or is related to service.
- Claimed conditions
- bilateral hearing loss, low back pain (to include L1 lumbar compression fracture, neuritis degenerative disc disease L4-5, sacroiliitis, lumbago, broken back and thoracic disorder, chronic pain syndrome and muscle and joint pain), posttraumatic stress disorder (PTSD), traumatic brain injury (TBI) with headaches and numbness of upper and lower extremities, right hip pain, eczema, muscle/joint pain as due to an undiagnosed illness
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 25, 2023
- Citation
- 23057908
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 23057908.
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.
- Partly granted
The Veteran was granted a 70 percent initial disability rating for PTSD effective December 2, 2021, but the claim for an increased rating in excess of 70 percent was denied. The appeal also included claims for service connection and ratings for various conditions, some of which were granted while others were remanded.
- Dismissed
The Veteran withdrew the appeals for service connection for bilateral pes planus, obstructive sleep apnea, bilateral hearing loss, tinnitus, and chronic obstructive pulmonary disease (COPD).
- Partly granted
The Board granted service connection for headaches and increased ratings for left shoulder rotator cuff tear, right shoulder rotator cuff tear, hypertension, and left and right leg restless leg syndrome. The Board denied a compensable rating for bilateral hearing loss and an initial rating in excess of 70 percent for posttraumatic stress disorder.
- Denied
The Board denied service connection for multiple conditions, including bilateral hearing loss and various musculoskeletal issues, as well as an initial rating in excess of 0 percent for rhinitis. However, the Board granted a 70 percent rating for posttraumatic stress disorder (PTSD).
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