The Board has denied the Veteran's claims for service connection for left ankle and left shoulder conditions due to a lack of current diagnoses. The Veteran's bilateral hearing loss claim is remanded as there was an inadequate pre-decisional medical opinion based on in-service audiograms only.,The Veteran's chronic renal insufficiency claim is remanded as the PACT Act requires additional procedural rights, including review of the Individual Longitudinal Exposure Record (ILER) and toxic exposure examination.
The deciding factor: For the left ankle condition, the evidence does not support a current diagnosis. For the left shoulder condition, the Veteran's current DJD was diagnosed years after service separation without any in-service injury or disease.,The VA examiner's opinion on bilateral hearing loss relied solely on in-service audiograms and did not consider post-service objective or lay evidence regarding the Veteran's claimed hearing loss. The PACT Act requires an ILER review for toxic exposure claims.
- Claimed conditions
- left ankle condition, left shoulder condition, bilateral hearing loss, chronic renal insufficiency, lumbar spine degenerative disc disease
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- September 21, 2024
- Citation
- A24059063
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 A24059063.
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.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.