The Board has remanded the Veteran's claims for basal cell carcinoma, bilateral hearing loss, scar associated with right Achilles tendon rupture, and right Achilles tendon rupture (right ankle) as well as his claim for a rating greater than 20 percent for diabetes. The AOJ is instructed to obtain any outstanding VA treatment records and private treatment records related to the Veteran's claims. Additionally, a new examination is needed to determine the current severity of the Veteran's right ankle disability and diabetes.
The deciding factor: The Board found that additional evidence was added to the record since the last decision and that the AOJ did not consider this evidence in its initial review. The AOJ also failed to obtain all relevant treatment records from private providers, which is necessary for a proper evaluation of the Veteran's claims.
- Claimed conditions
- basal cell carcinoma (skin disorder), bilateral hearing loss, scar, associated with right achilles tendon rupture, right achilles tendon rupture (right ankle), diabetes
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 17, 2024
- Citation
- 24002606
Veterans Law Judge
Decisions by this judge: 2,092 · Granted: 42% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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 24002606.
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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