The Board has reopened the Veteran's claims of service connection for various conditions, including bilateral hearing loss, tinnitus, right shoulder disability, sinus disability/allergic rhinitis, back disability, gastroesophageal reflux disease (GERD), left knee disability, and sleep apnea. The claims are being remanded due to a duty to assist error.
The deciding factor: The Board found that new evidence received since the February 2009 rating decision is both new and relevant, sufficient to readjudicate the claims of service connection for various conditions. However, the duty to assist was not met as VA examinations were not provided to address whether the Veteran's disabilities are related to his military service or a service-connected disability.
- Claimed conditions
- bilateral hearing loss, tinnitus, right shoulder disability, sinus disability/allergic rhinitis, back, gastroesophageal reflux disease (GERD), left knee disability, sleep apnea
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- August 16, 2024
- Citation
- A24047418
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 A24047418.
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 right shoulder disability and migraines/chronic headaches are remanded for additional development due to insufficient opinions on the etiology of her conditions.
- 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.
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