The Board remands the claims for further development, including obtaining missing service treatment records and private medical records.
The deciding factor: Remand is necessary to obtain potentially relevant records from federal departments or agencies, as well as private medical providers, that may be pertinent to the Veteran's claims.
- Claimed conditions
- right ear hearing loss, bilateral hearing loss, allergic rhinitis (also claimed as sinus problems), back disability, bilateral pes planus and right posterior tibial muscle tendonitis, diabetes mellitus, obstructive sleep apnea (also claimed as chronic sleep problems), headaches, right lower extremity peripheral neuropathy, left lower extremity peripheral neuropathy, vertigo, TDIU
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 29, 2024
- Citation
- 24004265
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.
- Remanded (sent back)
The Board remands the issue of entitlement to service connection for a back disability due to a duty to assist error, specifically regarding VA's failure to provide the Veteran with a VA examination prior to the rating decision.
- Dismissed
The appeal for a compensable rating for left ear hearing loss, service connection for right ear hearing loss, and bilateral vision condition was dismissed. Service connection for hypertension, congestive heart failure, and coronary artery disease was denied.
- 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).
- Partly granted
The Board granted service connection for headaches and increased ratings for left shoulder rotator cuff tear, right shoulder rotator cuff tear, hypertension, and left and right leg restless leg syndrome. The Board denied a compensable rating for bilateral hearing loss and an initial rating in excess of 70 percent for posttraumatic stress disorder.
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