The Board has remanded the case due to a procedural issue where the AOJ did not accept the Appellant's timely VA Form 20-0996 Higher Level Review request for review of the June 2020 decision. The AOJ should now conduct a higher level review.
The deciding factor: The AOJ failed to accept the Appellant's timely request for a higher level review, which is required by regulation and law.
- Claimed conditions
- bilateral hearing loss, tinnitus, cervical spine disorder, lumbar spine disorder, bilateral shoulder condition, bilateral elbow condition, bilateral wrist condition, bilateral hip condition, bilateral knee disability, bilateral ankle disability, feet disorder, psychiatric condition
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- May 21, 2024
- Citation
- A24026747
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 A24026747.
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.
- Granted
The Veteran's claim for service connection for migraines was reopened due to new evidence. Service connection is granted for painful scars, but the rating assigned remains at 10 percent. The claims for fibromyalgia and bilateral shoulder disability are denied.
- 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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