The Veteran's claims for service connection have been remanded due to the failure to provide notice of his right to a pre-decisional hearing before the AOJ issued the January and May 2021 rating decisions.
The deciding factor: The AOJ needs to correct its error in failing to provide notice of the right to a hearing under 38 C.F.R. �� 3.103(b)(1) and (d)(1).
- Claimed conditions
- right wrist rheumatoid arthritis, perforation of the eardrums, respiratory condition
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- September 16, 2024
- Citation
- A24056761
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. Read the original VA decision (opens in a new tab) using citation A24056761.
What this means for you
A remand sends an issue back for more development, often a new examination or missing records. It does not award the benefit or decide the final outcome. The original decision explains the additional work ordered.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The Veteran's respiratory condition, including COPD, is remanded due to errors in obtaining SSA records and an inadequate TERA memo. The Board finds the AOJ erred by not attempting to obtain relevant SSA records and by relying on an incomplete TERA memo.
- Remanded (sent back)
The Board has determined that the Veteran's claims for service connection for anxiety, depression, brittleness of teeth, chronic headaches, joint pain, and a respiratory condition are remanded due to the need for additional medical opinions.
- Remanded (sent back)
The Board has decided to remand the cases for further development due to inadequate VA examinations and missing evidence. The Veteran's claims of service connection for sleep apnea, a respiratory condition, and bilateral hearing loss are being reviewed.
- Denied
The Veteran's appeal for an increased rating for tinnitus is denied as his disability has already been rated at the maximum allowable level.,Service connection for bilateral hearing loss is denied because there is no evidence of a current hearing loss disability for VA purposes during the pendency of this appeal.,Service connection for a right shoulder disorder, headaches, TMJ dysfunction, hypertension, vertigo, and respiratory condition are all denied as there is no persuasive evidence that these conditions were incurred or aggravated by service.
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