The Veteran's appeal for service connection for bilateral hearing loss is denied. The Board finds the evidence does not establish current hearing loss in either ear that qualifies for purposes of service connection.,The appeals for service connection for right leg and left leg shin splints are remanded as there is no medical evidence or credible lay evidence establishing a current disability during the pendency of the claim period.,The appeal for an initial disability rating in excess of 10 percent for service-connected right ankle strain status post fracture is remanded due to conflicting information regarding functional loss and ankylosis.,The appeal for service connection for right knee gout is remanded as there are contradictory findings regarding the Veteran's ability to flex his knee during a flare-up.,The appeal for service connection for temporomandibular joint disability is remanded due to incomplete examination report and unclear reasons provided by the examiner.,The appeals for service connection for lumbar spine and cervical spine disabilities are remanded as there is insufficient evidence regarding continuity of symptoms or treatment post-service.,The appeals for service connection for right hand and left hand disabilities are remanded due to lack of a VA medical examination addressing these conditions.,The appeal for service connection for left knee disability is remanded as the VA Regional Office has not obtained an appropriate medical examination or opinion regarding this condition.
The deciding factor: The Veteran's audiometric test results do not meet the criteria under 38 C.F.R. § 3.385, and there is no evidence of current bilateral hearing loss during the pendency of the claim period.,There is insufficient medical or credible lay evidence to establish a current disability for right leg and left leg shin splints during the pendency of the claim period.,The VA-contracted examiner's reports are contradictory regarding whether the Veteran experiences ankylosis, which may warrant consideration of different rating criteria.,The VA-contracted examiner did not address whether the Veteran's right knee displays functional ankylosis and provided insufficient rationale for denying service connection based on lack of post-service records regarding a back condition or said injury.,The examination report is incomplete as to why 'Not applicable' was recorded, and there are no clear reasons provided by the examiner regarding the Veteran's TMJ symptoms and whether they constitute disability.,There is insufficient evidence regarding continuity of treatment for lumbar spine and cervical spine disabilities post-service, including lack of records documenting a back condition or injury during service.,The VA Regional Office has not obtained an appropriate medical examination or opinion addressing these conditions, such as right hand and left hand disabilities, which may warrant consideration of different rating criteria.,There is insufficient evidence regarding continuity of treatment for lumbar spine and cervical spine disabilities post-service, including lack of records documenting a back condition or injury during service.
- Claimed conditions
- Bilateral Hearing Loss, Right Leg Shin Splints, Left Leg Shin Splints, Right Ankle Strain (Post-Fracture), Right Knee Gout, Temporomandibular Joint Disability, Lumbar Spine Disability, Cervical Spine Disability, Right Hand Disability, Left Hand Disability, Left Knee Disability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 28, 2024
- Citation
- 24009638
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 24009638.
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.
- Denied
The Veteran's service-connected knee disabilities are rated at 10% each, and the Board finds that higher ratings are not warranted based on the evidence of record.
- Denied
The Board has determined that the Veteran's bilateral knee disabilities are not related to his active service, and thus denied both claims for service connection.
- Granted
The Veteran's bilateral hearing loss is granted as service-connected. The claims for alcohol abuse and psychiatric disorder are remanded for additional development, including a VA examination to determine the nature and etiology of these conditions.
- Denied
The Veteran's left knee disability is currently rated at 30 percent, and the Board finds no evidence of clear and unmistakable error in assigning an effective date of June 19, 2002.
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