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
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.
- Partly granted
The Board granted a 50 percent rating for posttraumatic stress disorder (PTSD) and denied increased ratings for right shoulder impingement syndrome, hearing loss, painful scar, patellofemoral pain syndromes of the knees, and other conditions.
- Dismissed
The appeal for service connection for a left wrist condition was dismissed due to concurrent election of higher-level review. The claims for an initial compensable rating for bilateral pes planus, and for service connection for hearing loss, neck strain, and dermatitis were denied.
- Dismissed
The claims for service connection for hearing loss and a left knee condition were dismissed due to an untimely notice of disagreement filed more than one year after the October 2022 rating decision.
- Denied
The Board denied the veteran's claim for service connection for a back condition, finding no evidence of a nexus between the in-service incident and the current disability.
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