The Board has remanded the case for additional development due to incomplete service personnel records and missing in-service treatment records. The Veteran's period of Army National Guard service must be verified, as well as any ACDUTRA periods where he may have been exposed to noise. Additionally, a VA audiological examination is needed to determine if his current bilateral hearing loss and tinnitus are related to military service, including possible exposure during ACDUTRA.
The deciding factor: The Board found that the Veteran's in-service treatment records were incomplete and did not contain any complaints or treatment for bilateral hearing loss or tinnitus. The Board also noted that there was no VA examination conducted on his current level of disability related to his service-connected compression fracture, L1 vertebra with chronic lumbar strain.
- Claimed conditions
- bilateral hearing loss, tinnitus
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 24, 2010
- Citation
- 1006799
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 1006799.
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 service connection for asthma and remanded claims for insomnia and sleep apnea. Other conditions were denied.
- Dismissed
The Veteran withdrew the appeals for service connection for bilateral pes planus, obstructive sleep apnea, bilateral hearing loss, tinnitus, and chronic obstructive pulmonary disease (COPD).
- Denied
The Board denied service connection for multiple conditions, including bilateral hearing loss and various musculoskeletal issues, as well as an initial rating in excess of 0 percent for rhinitis. However, the Board granted a 70 percent rating for posttraumatic stress disorder (PTSD).
- Remanded (sent back)
The Board remands the claim for service connection for tinnitus to correct a duty to assist error, as the Veteran's lay statements regarding onset and continuity of symptoms were not adequately considered in the previous decision.
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