The Board has remanded the case for compliance with the Court's June 2004 decision, including ensuring that the notification requirements are fully satisfied and scheduling an audiological examination. The RO should also review the claims file to ensure all directives of this remand are complied with.
The deciding factor: The Court found that the Board did not adequately comply with its December 1998 remand instructions regarding the hearing loss claim, specifically failing to discuss Dr. Alley's August 1995 letter and the VA examiner's review of it.
- Claimed conditions
- hearing loss, back condition, fungal infections of the ears
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 19, 2005
- Citation
- 0501520
Veterans Law Judge
Decisions by this judge: 1,175 · Granted: 22% (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 0501520.
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.
- Remanded (sent back)
The Board has remanded the claims for service connection for hearing loss, tinnitus, and an acquired psychiatric disorder due to incomplete medical records and need for further examination.
- Granted
The Board has reopened the Veteran's claim for service connection for hearing loss and tinnitus. However, it was determined that the Veteran does not have a current disability of bilateral hearing loss or tinnitus for VA purposes, thus denying both claims.
- Denied
The Board denied the Veteran's claim for service connection for a back condition, including degenerative disc disease and scoliosis, due to lack of current disability evidence.
- Dismissed
The Veteran's appeal for service connection for sleep apnea has been dismissed due to the withdrawal of his request.,Service connection for a back condition is denied as there is no evidence that the condition began during service or is related to an in-service injury, event, or disease.
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