The appeal is remanded to provide the veteran with notice which complies with the provisions of the VCAA and subsequent Court decisions regarding new and material evidence for a service connection claim.
The deciding factor: The previous denial was based on insufficient evidence, and the veteran has not been provided proper notice under the VCAA.
- Claimed conditions
- defective hearing
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 24, 2008
- Citation
- 0813612
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 appeal for all issues developed for appellate review, including service connection claims and a low back rating claim.
- Denied
The veteran's lumbosacral strain and defective hearing do not meet the criteria for higher ratings.
- Denied
The Board denied service connection for a right foot disability, bilateral ankle disability, defective hearing, and tinnitus as there was no evidence of current disabilities related to the veteran's military service.
- Denied
The veteran's service-connected disabilities do not render him unable to secure or follow a substantially gainful occupation, and the Board denies entitlement to a total disability rating based on individual unemployability.
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This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.