The veteran's claim for service connection for hearing loss of the right ear is being remanded due to a lack of review of the claims file by the VA examiner.
The deciding factor: The VA examiner did not have access to the claims file, which violates VA's duty to assist in developing the facts pertinent to the claim.
- Claimed conditions
- hearing loss of the right ear
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- May 5, 2004
- Citation
- 0411689
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 0411689.
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.
- Granted
The Board granted service connection for hearing loss of the right ear, resolving reasonable doubt in favor of the Veteran.
- Partly granted
The Board granted service connection for sleep impairment and hearing loss of the right ear, and a 30 percent rating for residuals of a left eye injury from April 27, 1998. The claim for a higher rating was denied.
- Partly granted
The Board granted service connection for hearing loss of the right ear and tinnitus, but denied it for the left ear.
- Dismissed
All appeals for service connection and rating reduction were dismissed due to concurrent election of review options.
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