The Board has determined that the Veteran's appeal should be re-docketed under the Legacy system and her April 2019 VA Form 10182 is accepted as a timely Notice of Disagreement (NOD) for the issues on appeal. The issues will not be returned to the Board unless she perfects an appeal by filing a timely VA Form 9.
The deciding factor: The procedural error in recognizing the Veteran's April 2019 VA Form 10182 and placing her appeal on the AMA Hearing Docket is waived at the Board's discretion, as it was not jurisdictional. The Veteran's appeal should be re-docketed under the Legacy system.
- Claimed conditions
- bilateral hearing loss, bilateral plantar fasciitis, right hand condition, headaches
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 1, 2023
- Citation
- 23058910
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 23058910.
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.
- Dismissed
The Veteran's appeal for service connection of bilateral hearing loss and a ruptured right ear drum was dismissed due to the death of the Veteran.
- Granted
The Board has determined that the Veteran's headaches are at least as likely as not caused by his service-connected traumatic brain injury, and thus grants service connection for this condition.
- Denied
The Board found that the Veteran's bilateral hearing loss was noted upon entry into active duty service and did not increase in severity during service. Therefore, it denied his claim for service connection.
- Remanded (sent back)
The Board has remanded the claims for bilateral hearing loss, migraine headaches, and PTSD due to additional development of records and examination.
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