The appeal is remanded for additional development, including notice to the veteran regarding his increased rating claims and CUE claim.
The deciding factor: The issues are inextricably intertwined with a CUE claim that must be adjudicated first.
- Claimed conditions
- bilateral hearing loss disability, peripheral vestibular disorder, currently rated 30 percent disabling, asbestos-related interstitial lung disease, currently rated 30 percent disabling
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 12, 2009
- Citation
- 0905124
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.
- Granted
The Board granted service connection for residuals of a traumatic brain injury, post-traumatic migraines secondary to the TBI, and peripheral vestibular disorder secondary to the TBI.
- Partly granted
The veteran's claims for service connection for various conditions were denied, except for tinnitus and bilateral hearing loss disability which were granted. The veteran was also granted service connection for hypertension.
- Denied
The Board denied service connection for various conditions, including tension headaches, bilateral plantar fasciitis, and a bilateral hearing loss disability. The Board also denied an initial compensable rating for the Veteran's headache disability.
- Granted
The Board granted service connection for a bilateral hearing loss disability, resolving reasonable doubt in favor of the Veteran.
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