The Board has determined that the claims of entitlement to service connection for bilateral hearing loss, a left hand disorder, a right hand disorder, a low back disorder, a left knee disorder, and a right knee disorder, as well as migraine headaches, must be remanded due to pre-decisional duty to assist errors. The Veteran's specific disability pictures will need to be evaluated by VA examiners.
The deciding factor: The Board found that the evidence of record did not provide sufficient information for the RO to make a determination on the service connection claims without resorting to speculation, which constitutes a failure to comply with the duty to assist.
- Claimed conditions
- bilateral hearing loss, a bilateral hand disorder, a low back disorder, a bilateral knee disorder, migraine headaches
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- September 9, 2024
- Citation
- A24053981
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 A24053981.
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.
- Remanded (sent back)
The Board has decided to remand the case due to insufficient evidence regarding the Veteran's bilateral hearing loss claim, specifically needing an addendum opinion from a VA examiner. The Veteran will be asked to provide any missing records and former employers' information.
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