The Board previously denied a compensable disability rating for bilateral hearing loss. The U.S. Court of Appeals for Veterans Claims has vacated the decision and remanded the case to the Board for readjudication. The veteran's claim is being returned to the RO for additional development, including compliance with VCAA requirements, consideration of new evidence, and a current VA audiology examination.
The deciding factor: The Court found deficiencies in the notice provided by the RO under the Veterans Claims Assistance Act of 2000 (VCAA) and noted that both the RO and Board found the March 2000 private audiology examination inadequate for rating purposes. The Court also noted that VA has a duty to assist a veteran in developing facts pertinent to his claim, including providing a new examination if available evidence is too old.
- Claimed conditions
- bilateral hearing loss
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- September 2, 2003
- Citation
- 0322366
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 0322366.
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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