The Board has vacated its February 2008 decision and remanded the case for further development, including obtaining a VA medical nexus opinion regarding left ear hearing loss and ensuring proper VCAA notice in connection with reopening service connection claims.
The deciding factor: The Court found that the October 2005 VA examiner's opinion was inadequate as it did not provide an adequate nexus opinion or explain how he arrived at his conclusion. The Board also noted that the Veteran should be afforded a VA audiological examination to determine if his left ear hearing loss is related to service.
- Claimed conditions
- left ear hearing loss, small fiber neuropathy, polyneuropathy, and carpal tunnel syndrome
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 3, 2010
- Citation
- 1005083
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 1005083.
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 granted a 20 percent disability rating for left and right lower extremity radiculopathy from April 3, 2023 onward, but denied higher ratings prior to that date. Service connection was also granted for alcohol use disorder as secondary to PTSD with traumatic brain injury.
- Dismissed
The appeal for a compensable rating for left ear hearing loss, service connection for right ear hearing loss, and bilateral vision condition was dismissed. Service connection for hypertension, congestive heart failure, and coronary artery disease was denied.
- Remanded (sent back)
The Board remands the claim for service connection of left ear hearing loss due to a pre-decisional duty to assist error, as an addendum opinion is necessary to address evidence of in-service hearing loss and convert audiometric testing results from ASA to ISO-ANSI standards.
- Remanded (sent back)
The Board remands the claim for service connection for left ear hearing loss to obtain an adequate VA opinion addressing the hearing loss demonstrated on the September 1968 and July 1974 examination, under both ASA and ISO-ANSI standards.
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