The Board remands the claims for service connection for bilateral hearing loss, diabetes mellitus, type II, right shoulder acromioclavicular joint osteoarthritis, left shoulder acromioclavicular joint osteoarthritis, and left hip arthritis due to an error by the agency of original jurisdiction in satisfying a regulatory or statutory duty.
The deciding factor: The remand is required for the AOJ to provide the Veteran with notice of his right to a hearing before the AOJ as per 38 C.F.R. § 20.802(a) and 38 C.F.R. § 3.103(d)(1).
- Claimed conditions
- bilateral hearing loss, diabetes mellitus, type II, right shoulder acromioclavicular joint osteoarthritis, left shoulder acromioclavicular joint osteoarthritis, left hip arthritis
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- June 17, 2025
- Citation
- A25053159
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.
- Denied
The Board denied service connection for various conditions, including prostate cancer and related disabilities, urinary incontinence, sleep apnea, hypertension, varicose veins, lumbar spine disability, hip arthritis, shoulder arthritis, ankle arthritis, knee strain, knee replacement, and hand arthritis. The only condition granted was a 10 percent rating for a fracture of the right proximal first metacarpal.
- Dismissed
The Veteran withdrew the appeals for service connection for bilateral pes planus, obstructive sleep apnea, bilateral hearing loss, tinnitus, and chronic obstructive pulmonary disease (COPD).
- Denied
The Board denied service connection for multiple conditions, including bilateral hearing loss and various musculoskeletal issues, as well as an initial rating in excess of 0 percent for rhinitis. However, the Board granted a 70 percent rating for posttraumatic stress disorder (PTSD).
- Remanded (sent back)
The Board remands the claims for service connection for hypertension and diabetes mellitus to obtain further medical opinions regarding their potential relationship to toxic exposures during active service.
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