The Board has determined that there were duty-to-assist errors prior to the September 2020 rating decision and has remanded the case for further development.
The deciding factor: There were procedural issues with the evaluation of the Veteran's service-connected right elbow disability and bilateral sensorineural hearing loss, necessitating a new examination and review of medical records.
- Claimed conditions
- Right Elbow Disability, Bilateral Sensorineural Hearing Loss
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 14, 2024
- Citation
- A24074634
Veterans Law Judge
Decisions by this judge: 1,081 · Granted: 38% (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 A24074634.
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.
- Remanded (sent back)
The Board has determined that the Veteran's current right shoulder disability is not related to service, but the right elbow disability requires further review due to a duty-to-assist error in obtaining an inadequate medical opinion.
- Granted
The Veteran's service-connected conditions, including persistent depressive disorder, migraines, tinnitus, and bilateral sensorineural hearing loss, prevent him from obtaining or maintaining substantially gainful employment consistent with his education and occupational history.
- Granted
Service connection for PTSD is granted, effective May 22, 2023.,Effective May 22, 2023, service connection for right total hip replacement and related conditions are granted.,An earlier effective date of May 22, 2023, but no earlier, is granted for the grant of service connection for bilateral sensorineural hearing loss.,Effective May 22, 2023, service connection for recurrent tinnitus is granted.,Effective May 22, 2023, service connection for degenerative disc disease of the thoracolumbar spine with degenerative arthritis and spinal stenosis is granted.
- Granted
The Veteran's hearing loss disability is granted as service-connected, with no specific date provided.
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