The Board has determined that the Veteran's claims for service connection are remanded due to errors in obtaining VA treatment records and opinions. The Veteran is entitled to bilateral hearing loss, but not to left ear hearing loss as there is no current diagnosis. Service connection is granted for plantar warts of the feet. The Board finds that additional medical opinions are needed regarding his knee, cervical spine, and lumbar spine disabilities due to a lack of consideration of the Veteran's competent statements about continuity of symptoms.
The deciding factor: The VA examiner failed to consider the Veteran's competent and credible lay statements with respect to the continuity of his symptoms for his knee, cervical spine, and lumbar spine disabilities. This constitutes a pre-decisional duty to assist error and remand is necessary to obtain new VA opinions.
- Claimed conditions
- bilateral hearing loss, plantar warts of the feet, left knee disability, right knee disability, cervical spine disability, lumbar disability, left lower extremity peripheral neuropathy, right lower extremity peripheral neuropathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 1, 2024
- Citation
- A24062236
Veterans Law Judge
Decisions by this judge: 2,092 · Granted: 42% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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 A24062236.
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 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.
- 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.
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