The Board has remanded the case to the RO for further evidentiary development, including a VA compensation examination and consideration of evidence regarding in-service noise exposure.
The deciding factor: The Court found that the Board's reliance on the July 2004 VA compensation examination was error due to incorrect assumptions about in-service noise exposure and failure to discuss service treatment for ear problems.
- Claimed conditions
- bilateral sensorineural hearing loss, bilateral tinnitus, Meniere's disease and labyrinthitis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 2, 2008
- Citation
- 0833950
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 0833950.
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.
- Denied
The Veteran's initial claim for service-connected bilateral sensorineural hearing loss was denied, and the rating assigned prior to September 12, 2024, is noncompensable.
- Remanded (sent back)
The Board has remanded the claims for service connection for left toe amputation, triple bypass surgery, blockage in legs, and bilateral tinnitus due to procedural errors and the need for additional medical opinions regarding potential exposure to toxins during service.
- Granted
The Veteran's obstructive sleep apnea is granted as secondary to his service-connected major depressive disorder.,The Veteran's bilateral tinnitus is granted based on in-service noise exposure and current diagnosis.,The Veteran's Non-Hodgkin lymphoma is granted due to presumptive service connection for exposure at Fort McClellan, Alabama.,The Veteran's status post total shoulder replacement, to include degenerative arthritis, is granted as incurred in service.,The Veteran's scar, residual right shoulder surgery, is granted as it is related to his now service-connected status post total shoulder replacement.
- Granted
The Board has granted service connection for bilateral tinnitus and normocytic anemia as secondary to service-connected chronic hemorrhoids. The claim of entitlement to service connection for left inguinal hernia is remanded due to a pre-decisional duty to assist error.
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