The Board has determined that further development is needed and the case must be remanded for compliance with VA's notification and development requirements.
The deciding factor: The Court in Disabled American Veterans v. Secretary of Veterans Affairs held that 38 C.F.R. § 19.9(a)(2) was invalid due to its allowance of the Board to consider additional evidence without initial consideration by the RO, contrary to the requirement under 38 U.S.C. § 7104(a).
- Claimed conditions
- bilateral hearing loss
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- May 20, 2003
- Citation
- 0309296
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 0309296.
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 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).
- Denied
The Board denied the veteran's claims for increased ratings and service connection for a bilateral hearing loss disability, as the evidence did not support higher ratings or service connection.
- Granted
The Board granted service connection for bilateral hearing loss, finding it at least as likely as not related to the Veteran's in-service noise exposure.
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