The Veteran's claim for bilateral hearing loss is remanded due to the submission of new evidence.,The effective date for service connection for left lower extremity radiculopathy will be set at May 18, 2021, as this was when objective evidence first indicated the condition.,Service connection for hypertension cannot be established as there is no in-service disease or injury linked to the condition and it did not manifest within one year of separation from service.,A rating in excess of 40 percent for gout prior to February 22, 2021, is denied. From that date onwards, a 40 percent disability rating is granted.,Service connection for depressive disorder cannot be established as there is no evidence of an in-service disease or injury linked to the condition.
The deciding factor: The new evidence submitted relates to whether the Veteran has current bilateral hearing loss. The April 2020 denial was based on lack of evidence, and the July 2020 VA examination provided relevant evidence.,Left lower extremity radiculopathy first became ascertainable in May 2021 when the Veteran underwent a VA examination that indicated such condition.,The record does not show hypertension manifested within one year of separation from service. The earliest documented instance was in February 2021, and there is no evidence linking it to service.,Gout prior to February 22, 2021, did not manifest with definite impairment or incapacitating exacerbations as required for a higher rating. From that date onwards, the Veteran's gout has met criteria warranting a 40 percent disability rating.,Depressive disorder is manifested by occasional decrease in work efficiency and intermittent periods of inability to perform tasks, which does not meet the severity threshold for an initial rating in excess of 30 percent.
- Claimed conditions
- bilateral hearing loss, hypertension, depressive disorder, gout
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 17, 2024
- Citation
- A24066657
Veterans Law Judge
Decisions by this judge: 1,963 · Granted: 32% (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 A24066657.
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 Board has remanded the claims for service connection for hypertension and peripheral neuropathy of the bilateral upper and lower extremities due to insufficient medical opinions regarding their etiology.
- 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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