The Veteran's appeal involves multiple service-connected disabilities, including hearing loss in the right ear and tinnitus. The Board finds that additional development is needed to determine if these conditions are related to periods of active duty for training (ACDUTRA) or inactive duty for training (INACDUTRA). Additionally, a VA examination is required to assess the current severity of his service-connected hearing loss in the left ear and pulmonary lung disease.
The deciding factor: The Veteran's appeal involves multiple service-connected disabilities that may be related to periods of ACDUTRA or INACDUTRA. The Board also finds that more current examinations are needed to determine the current levels of severity for his service-connected hearing loss in the left ear and pulmonary lung disease.
- Claimed conditions
- Hearing Loss in Right Ear, Bilateral Tinnitus, Pulmonary Lung Disease
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 3, 2009
- Citation
- 0946036
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 0946036.
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 Veteran's claim for service connection for bilateral tinnitus was granted with a 10% disability rating effective October 30, 2020. The Board found that the earliest date of application for this claim is November 25, 2019.
- Granted
The Board has granted the Veteran's claims for service connection for bilateral hearing loss and bilateral tinnitus disabilities, finding that these conditions are related to in-service noise exposure.
- Dismissed
The Veteran's claim for an increased rating for bilateral tinnitus is dismissed as he has withdrawn his appeal.,The Veteran's claim for a compensable disability rating for bilateral hearing loss prior to May 3, 2006, is denied.,The Veteran's claim for a disability rating of 10 percent, but no higher, for bilateral hearing loss from May 3, 2006, to November 2, 2023, is granted.,The Veteran's claim for a disability rating in excess of 10 percent for bilateral hearing loss from November 3, 2023, and continuing, is denied.,The Veteran's claim for Total Disability Rating Based on Unemployability (TDIU) due to service-connected disabilities is granted.
- Remanded (sent back)
The Veteran's claim for SMC based on the need for aid and attendance is remanded due to a pre-decisional duty to assist error. The Board finds that an examination is needed to determine if the Veteran requires aid and attendance of another person due to his service-connected disabilities alone.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
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.