The Board has remanded the Veteran's claims for bilateral hearing loss, lower back condition with left leg condition, and respiratory condition (including obstructive sleep apnea and allergic rhinitis) due to a lack of adequate medical examination or opinion. The AOJ is instructed to obtain any outstanding VA treatment records, schedule the Veteran for an appropriate VA examination, and adjudicate her claim for allergic rhinitis on a direct basis and under the PACT Act.
The deciding factor: The Board found that there was insufficient evidence in the record to determine whether the Veteran's conditions are related to service or if they were caused by toxic exposures and burn pits. Therefore, further examination is needed to provide an opinion on these issues.
- Claimed conditions
- bilateral hearing loss, lower back condition with left leg condition, obstructive sleep apnea
- How they argued it
- Direct service connection
- Exposure basis
- Burn pits / airborne hazards
- Rating assigned
- None in this decision
- Decision date
- March 6, 2024
- Citation
- 24010869
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 24010869.
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.
- Denied
The Board denied the Veteran's claim for service connection for obstructive sleep apnea, finding that there is no competent evidence to support a finding that his current condition began in or as a result of service.
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