The Veteran's claim for a bilateral hearing loss disability was denied as there is no evidence of a current diagnosis under VA regulation.,Claims for increased ratings for cervical spine and lumbar spine disabilities were remanded due to insufficient medical evidence or lack of clear and unmistakable error (CUE).,Service connection claims for digestive disorder, joint pain, skin condition, traumatic brain injury, and right great toe bunionectomy residuals were also remanded.,The Veteran withdrew his claim for a disability rating in excess of 10 percent for tinnitus and for a compensable disability rating for scars (claimed as neck fusion surgical scar, bunionectomy scar).
The deciding factor: There is no current diagnosis of bilateral hearing loss disability under VA regulation.,Insufficient medical evidence or lack of clear and unmistakable error (CUE) in the original decision regarding increased ratings for cervical spine and lumbar spine disabilities.,Lack of sufficient medical evidence to establish service connection for digestive disorder, joint pain, skin condition, traumatic brain injury, and right great toe bunionectomy residuals.,The Veteran withdrew his claims for a disability rating in excess of 10 percent for tinnitus and for a compensable disability rating for scars (claimed as neck fusion surgical scar).
- Claimed conditions
- bilateral hearing loss disability, cervical spine disability, lumbar spine disability, right knee chondromalacia patella with degenerative joint disease (a right knee disability), digestive disorder (to include irritable bowel syndrome (IBS), lactose intolerance, and wheat intolerance), joint pain (due to exposure to toxins in the Southwest Asia Theater of Operations), skin condition of trunk of the body, traumatic brain injury (TBI) with short-term memory loss and headaches
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- August 8, 2018
- Citation
- 18124674
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 18124674.
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.
- Denied
The Board denied the claims of service connection for cervical spine and skin rash disabilities, finding that there is no evidence linking these conditions to active military service.
- Granted
The Board has granted service connection for a lumbar spine disability, left lower extremity radiculopathy, and right lower extremity radiculopathy as secondary to the Veteran's service-connected lumbar spine disability.
- Remanded (sent back)
The Board has decided to remand the claims for miscarriage, cervical spine disability, lumbar spine disability, and right elbow disability due to insufficient examination opinions and incomplete service history verification.
- Remanded (sent back)
The Board has granted service connection for tinnitus but has remanded the issue of service connection for bilateral hearing loss disability due to inadequate examination and reasoning.
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