The Board remanded all issues to correct a duty to assist error. The Veteran's surviving spouse will be given notice of her right to a hearing and the claims will be readjudicated.
The deciding factor: The Agency of Original Jurisdiction did not provide the Appellant with notice of her right to a hearing under 38 C.F.R. § 3.103(d)(1) on the above-mentioned issues prior to the issuance of the December 2021 rating decision.
- Claimed conditions
- acute pharyngitis, bronchitis, asthma, allergic rhinitis, sinusitis, insomnia, anxiety, depression, right knee disorder, bladder disorder, hypertension, right shoulder disorder, left shoulder disorder, right hand disorder, left hand disorder, bilateral plantar fasciitis, heart disorder, lumbago with spondylosis, left heel disorder, bilateral hearing loss
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 21, 2025
- Citation
- A25005036
Veterans Law Judge
Decisions by this judge: 931 · 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 A25005036.
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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