The Board has determined that the November 2018 rating decision should be remanded to issue a Statement of the Case regarding the Veteran's claims for service connection for various conditions.
The deciding factor: Procedural error in filing a VA Form 10182 instead of a VA Form 21-0958 led to the November 2018 rating decision being improperly adjudicated under the Legacy appeals system. The Veteran's representative filed a valid Notice of Disagreement, but the AOJ erroneously issued a rating decision and then received an invalid AMA appeal.
- Claimed conditions
- bilateral hearing loss, tinnitus, glaucoma, left knee disability, diverticulitis, tuberculosis, folliculitis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 22, 2024
- Citation
- 24012500
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 24012500.
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.
- Remanded (sent back)
The Veteran's appeal is remanded for additional development, including a new VA examination to assess his bilateral knee and hip disabilities.
- 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 service connection for hearing loss, tinnitus, and an acquired psychiatric disorder due to incomplete medical records and need for further examination.
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