The Board has remanded the case for additional development, including obtaining an opinion on whether the Veteran's service-connected disabilities render him unemployable and considering his claim of entitlement to an extraschedular rating for bilateral hearing loss under the provisions of 38 C.F.R. § 4.16(a).
The deciding factor: The Court found that the Board's November 2010 decision was inadequate due to a lack of consideration of the Veteran's daily activities and occupational functioning related to his bilateral hearing loss, as well as an insufficient discussion of whether he is unemployable.
- Claimed conditions
- bilateral hearing loss, incomplete paralysis of the median and ulnar nerve of the left arm, tinnitus
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 31, 2013
- Citation
- 1303358
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 1303358.
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.
- Dismissed
The Veteran's appeal for service connection of bilateral hearing loss and a ruptured right ear drum was dismissed due to the death of the Veteran.
- Denied
The Board found that the Veteran's bilateral hearing loss was noted upon entry into active duty service and did not increase in severity during service. Therefore, it denied his claim for service connection.
- Remanded (sent back)
The Board has remanded the claims for service connection for hearing loss, tinnitus, and an acquired psychiatric disorder due to incomplete medical records and need for further examination.
- Denied
The Board denied the Veteran's claims for service connection for tinnitus, arthritis, and memory loss. The decision found no evidence linking these conditions to his military service.
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