The Board has remanded the veteran's claims for a higher initial rating for left ear hearing loss and his petition to reopen the claim for service connection for right ear hearing loss. The RO is instructed to provide proper VCAA notice, obtain all relevant records, arrange for an appropriate VA examination, and adjudicate the claims in light of all pertinent evidence.
The deciding factor: The Board found that proper notification under the VCAA has not been provided as to the claims on appeal, particularly regarding what evidence would be necessary to substantiate each claim. The RO is instructed to ensure full compliance with the VCAA's notice requirements and obtain any additional records needed for a fair decision.
- Claimed conditions
- right ear hearing loss, left ear hearing loss
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 18, 2006
- Citation
- 0639338
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 0639338.
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 appeal for a compensable rating for left ear hearing loss, service connection for right ear hearing loss, and bilateral vision condition was dismissed. Service connection for hypertension, congestive heart failure, and coronary artery disease was denied.
- Partly granted
The Board granted a 20 percent disability rating for left and right lower extremity radiculopathy from April 3, 2023 onward, but denied higher ratings prior to that date. Service connection was also granted for alcohol use disorder as secondary to PTSD with traumatic brain injury.
- Remanded (sent back)
The Board remands the claim for service connection of left ear hearing loss due to a pre-decisional duty to assist error, as an addendum opinion is necessary to address evidence of in-service hearing loss and convert audiometric testing results from ASA to ISO-ANSI standards.
- Granted
The Board granted service connection for right ear hearing loss, resolving reasonable doubt in the Veteran's favor based on a finding of etiological relation to in-service noise exposure.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.