The Board has remanded the Veteran's claims for left ear hearing loss, low back disability, right ankle disability, acquired psychiatric disorder (including PTSD and/or depression), and prostate disability due to service. The AOJ is directed to schedule examinations and obtain medical opinions regarding these issues.
The deciding factor: The Board found that substantial compliance with remand directives was not achieved in several instances, particularly regarding the Veteran's mental health conditions and his right ankle and low back disabilities. As a result, the AOJ must work with the Veteran or any fiduciary to determine the feasibility of examinations using alternate means.
- Claimed conditions
- left ear hearing loss, low back disability, right ankle disability, acquired psychiatric disorder (including PTSD and/or depression), prostate disability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 26, 2023
- Citation
- 23058059
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 23058059.
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 Veteran's claim for an initial compensable disability rating for onychomycosis was denied as the condition did not require treatment and covered less than 5% of his body. The Board also remanded issues regarding service connection for left ear hearing loss and entitlement to a compensable disability rating for right ear hearing loss.
- Remanded (sent back)
The Board has remanded the claims for shin splints, right knee disability, acquired psychiatric disorder (depression), stomach disability, and left ear hearing loss due to errors in providing notice of the right to a hearing.
- Remanded (sent back)
The Board has found that remand is needed for the Veteran's claims due to duty to assist errors, including clarification of periods of service and obtaining relevant records. The Veteran will be afforded new medical examinations for each claimed disability.
- Dismissed
The Board dismissed the Veteran's appeals for service connection of sleep apnea, left lower extremity (LLE) sciatic nerve radiculopathy, and right ear hearing loss due to untimely filing.,The Board also dismissed the appeal for service connection of left ear hearing loss as moot because it was already granted in a prior decision.
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