The Board has found that the AOJ made errors in obtaining medical records and did not clarify the Veteran's claims for service connection. The case is being remanded to correct these issues.
The deciding factor: The duty to assist was not fulfilled prior to the issuance of the September 2021 rating decisions, specifically regarding the Veteran's claim for service connection for a head injury.
- Claimed conditions
- right foot heel spur, left foot heel spur, partial sacralization L5, lysis of adhesions, bilateral hearing loss, residuals of a head injury (excluding headaches)
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 7, 2024
- Citation
- A24072968
Veterans Law Judge
Decisions by this judge: 882 · Granted: 22% (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 A24072968.
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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