The Board has remanded the case due to incomplete development, including a lack of VA examination regarding the Veteran's ability to work prior to his incarceration in February 2013. The Veteran is service-connected for various disabilities and meets the schedular threshold for TDIU eligibility prior to February 2013. However, the Board found conflicting evidence on whether he could secure and maintain substantially gainful employment due to his service-connected conditions.
The deciding factor: The VA failed to complete necessary development as instructed by the Board's previous remands, including scheduling a VA examination for an opinion regarding the Veteran's ability to work prior to his incarceration in February 2013.
- Claimed conditions
- GERD, irritable bowel syndrome (IBS), mood disorder associated with right tarsal tunnel syndrome with peroneal neuropathy and complex regional pain, right tarsal tunnel syndrome with peroneal neuropathy and complex regional pain, bilateral plantar fasciitis, bilateral tinnitus, bilateral hearing loss, allergic rhinitis, hemorrhoids, left tarsal tunnel syndrome
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 1, 2023
- Citation
- 23059041
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 23059041.
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.
- 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.
- Remanded (sent back)
The Board has decided to remand the case due to insufficient evidence regarding the Veteran's bilateral hearing loss claim, specifically needing an addendum opinion from a VA examiner. The Veteran will be asked to provide any missing records and former employers' information.
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