The Veteran's TDIU claim is remanded due to a duty to assist error involving private medical records and workers' compensation records. The AOJ must attempt to obtain these records before considering the merits of the claim.
The deciding factor: The Board found that the AOJ failed to secure potentially relevant private medical records from Slocum Orthopedics, Sacred Heart, and Dr. M., as well as workers' compensation records related to the Veteran's left knee injury.
- Claimed conditions
- depressive disorder, chronic sinusitis, low back pain and lumbar strain, perennial and allergic rhinitis, left ankle condition, left knee condition, hearing loss, tinnitus
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- July 31, 2024
- Citation
- A24042313
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 A24042313.
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 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.
- Denied
The Board denied the Veteran's claims for service connection for tinnitus, arthritis, and memory loss. The decision found no evidence linking these conditions to his military service.
- Granted
The Veteran's tinnitus is granted as service connected. The issues of foot disability and cardiovascular disorder are remanded for additional development.
- Granted
The Board has granted service connection for tinnitus, finding that it is at least as likely as not that the Veteran experienced tinnitus during his active duty service.
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