The Veteran's claims for increased ratings, service connection, and compensation under 38 U.S.C. § 1151 are being remanded due to the need for additional examinations and opinions.
The deciding factor: The Board found that an earlier effective date cannot be assigned based on a finding of increase in disability during the one-year period prior to filing his claim, but service connection claims require factual ascertainability. The Veteran's claims for increased ratings, service connection, and compensation under 38 U.S.C. § 1151 are being remanded due to the need for additional examinations and opinions.
- Claimed conditions
- Bilateral hearing loss, Scar, right side of forehead, Back condition due to surgery with removal of and inability to have hardware and additional surgery (claimed as a back disability), Staph infection, Bowel incontinence
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 21, 2023
- Citation
- 23061948
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 23061948.
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.
- Granted
The Veteran's claim for a low back disorder was reopened, and his claims for increased ratings of bilateral knee instability were granted. His hearing loss claim was denied.
- Remanded (sent back)
The Veteran's appeals of the initial ratings for his service-connected chronic cough and bilateral hearing loss are remanded due to procedural errors in the evidentiary record.
- Granted
The Veteran's service-connected disabilities, including bilateral pes planus with hammer toes, hallux valgus and degenerative arthritis, sleep apnea, bilateral hearing loss, tinnitus, and bilateral kidney cysts, rendered him unable to secure or follow gainful employment. The Board granted the TDIU based on these conditions.
- Denied
The Veteran's service-connected disabilities (bilateral hearing loss and tinnitus) do not prevent him from securing and maintaining substantially gainful employment.
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