The case is being remanded to the RO for further development and readjudication of the veteran's claims.
The deciding factor: Further development, including obtaining additional evidence and providing proper notice under Vazquez-Flores, is necessary before a decision can be made on the merits of the increased rating claims.
- Claimed conditions
- Bilateral tinnitus, Deafness (Hearing loss)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 19, 2009
- Citation
- 0906245
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 denied service connection for bilateral hearing loss and a heart disability, granted service connection for bilateral tinnitus and right knee osteochondritis dissecans, anterior cruciate ligament (ACL) tear s/p ACL reconstruction, and denied an initial rating in excess of 50 percent for posttraumatic stress disorder with generalized anxiety disorder.
- Denied
The Board denied the Veteran's claim for a total disability rating based on individual unemployability due to service-connected disabilities, as the evidence did not show that his service-connected disabilities alone were of such nature and severity to preclude him from securing or following substantially gainful employment.
- Denied
The Board denied the veteran's claims for service connection for PTSD, bilateral hearing loss, bilateral tinnitus, sleep disorder, erectile dysfunction, and right eye injury as new and relevant evidence was not received to readjudicate these claims.
- Granted
The Board granted service connection for bilateral hearing loss, bilateral tinnitus, facial numbness (Bell's palsy), gastroesophageal reflux disease (GERD), and right knee strain. The claims for a left knee strain, major depressive disorder with anxious distress, cervical neck strain, lumbosacral strain, and bilateral foot disability were remanded.
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