The Veteran's application to reopen his claim for service connection for hearing loss is granted. An increased rating of 40 percent is granted for lumbosacral spine disability, but the left breast scar remains at a non-compensable rating. The remaining issues are remanded.
The deciding factor: The evidence submitted since the August 1993 denial relates to the basis for the prior denial and thus constitutes new and material evidence, warranting reopening of the claim for service connection for hearing loss. For lumbosacral spine disability, the Board finds that forward flexion has been predominantly limited to 30 degrees or less due to pain, which more nearly approximates a 40 percent rating under the General Rating Formula. The Veteran's left breast scar is superficial and linear with no instability or pain, thus not meeting any of the criteria for a compensable rating.
- Claimed conditions
- hearing loss, lumbosacral spine degenerative joint and disc disease, left breast scar
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- May 24, 2018
- Citation
- 18105242
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 18105242.
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.
- 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.
- Granted
The Board has reopened the Veteran's claim for service connection for hearing loss and tinnitus. However, it was determined that the Veteran does not have a current disability of bilateral hearing loss or tinnitus for VA purposes, thus denying both claims.
- Denied
The Veteran's tinnitus and hearing loss claims are denied as there is no current diagnosis of these conditions.,The Veteran's high cholesterol, dementia, stroke, prostate cancer, cataracts, diabetes, hypertension, CHF, and myocardial infarction claims are denied due to lack of service connection evidence or insufficient evidence to establish a nexus between the disabilities and active duty service.,The Veteran was exposed to toxins during his military service but there is no evidence linking these exposures to any of the claimed conditions.
- Granted
The Veteran's service-connected PTSD prevented him from securing and following a substantially gainful occupation.,Given the grant of TDIU based on his service-connected PTSD, the Veteran has a single service-connected disability rated as total (PTSD) and additional service-connected disabilities independently ratable at 60 percent or more.
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