The Board has remanded the case for additional development, including obtaining updated treatment records and scheduling a VA examination to determine the etiology of any current right ear hearing loss and the severity of the service-connected left ear hearing loss.
The deciding factor: The Veteran's attorney requested that the appeal be remanded due to procedural issues related to the August 2006 VA examiner's report, which did not consider Hensley v. Brown (1993) regarding normal hearing levels and the increase in right ear hearing loss from induction until separation.
- Claimed conditions
- right ear hearing loss disability, left ear hearing loss disability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 2, 2010
- Citation
- 1012507
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. Read the original VA decision (opens in a new tab) using citation 1012507.
What this means for you
A remand sends an issue back for more development, often a new examination or missing records. It does not award the benefit or decide the final outcome. The original decision explains the additional work ordered.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Dismissed
The Veteran's claims for service connection have been dismissed due to the death of the Veteran.
- Dismissed
The Veteran's appeal for left ear hearing loss disability is dismissed. The Board has remanded the claims for service connection of left and right knee disabilities due to a lack of medical nexus opinions regarding pre-service conditions.
- Remanded (sent back)
The Board has decided to remand the case due to inadequate medical opinions regarding service connection for a left ear hearing loss disability. The Veteran's pre-existing condition is presumed, and the VA examiner needs to provide an opinion on whether the increase in severity of his hearing loss during service was clearly and unmistakably due to natural progression.
- Granted
The Veteran's service-connected PTSD and hearing loss disability required hospitalization at a VA Medical Center for more than 21 days, leading to the grant of a temporary total evaluation. Service connection was also granted for left ear nerve damage.
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.