The appeal for service connection for a disability of the bilateral eyes was withdrawn, and appeals for earlier effective dates were dismissed or denied. Several issues related to service connection were remanded.
The deciding factor: The decision was based on the lack of evidence supporting an earlier effective date for certain conditions and the withdrawal of the appeal for a disability of the bilateral eyes.
- Claimed conditions
- bilateral eyes, left ankle strain with instability, status post fracture with surgery and residual hardware, persistent depressive disorder with anxious features and alcohol use disorder, obesity, sleep apnea (also claimed as sleep disorder), headaches (also claimed as migraines), cervical spine disability, right hip disability, left hip disability, right ankle disability, bilateral hearing loss, vertigo, right knee tendonitis, left knee tendonitis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 22, 2024
- Citation
- 24003120
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 withdrew the appeals for service connection for bilateral pes planus, obstructive sleep apnea, bilateral hearing loss, tinnitus, and chronic obstructive pulmonary disease (COPD).
- Denied
The Board denied service connection for multiple conditions, including bilateral hearing loss and various musculoskeletal issues, as well as an initial rating in excess of 0 percent for rhinitis. However, the Board granted a 70 percent rating for posttraumatic stress disorder (PTSD).
- Partly granted
The Board granted a 20 percent disability rating for left and right lower extremity radiculopathy from April 3, 2023 onward, but denied higher ratings prior to that date. Service connection was also granted for alcohol use disorder as secondary to PTSD with traumatic brain injury.
- Denied
The Board denied the Veteran's claims for service connection for vertigo and a total disability rating based on individual unemployability (TDIU) due to insufficient evidence linking his current condition to active service or any incident of service.
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