The Board has denied service connection for bilateral hearing loss and tinnitus. The claim for a low back disability is remanded.,The claim for an initial rating greater than 10 percent for tinnitus remains denied as the appellant is already receiving the maximum schedular rating.,The claim for a low back disability is remanded due to lack of evidence on record regarding its onset and etiology during service.,The claim for a right lazy eye is remanded due to lack of evidence on record regarding its onset and etiology during service.,The claims for migraines (including as aggravated by tinnitus) and psychiatric disability (including as aggravated by tinnitus) are both remanded due to the need for further medical examination and opinion.,The claim for an effective date earlier than May 29, 2013, for service connection of tinnitus is remanded.
The deciding factor: There is no evidence of a hearing loss disability for VA purposes during the pendency of the claim or recent to the filing of the claim.,The appellant's service-connected bilateral tinnitus has been assigned the maximum schedular rating available, and thus no higher schedular evaluation is warranted.,The appellant’s assertion that he has had back pain since his active duty service, combined with evidence of mild degenerative changes in his spine, indicates a possible relationship to service. Further examination is needed to determine if this disability is related to service.,The appellant's assertion that he has had a right eye disability since his active duty service, combined with evidence of decreased visual acuity and blurred vision, indicates a possible relationship to service. Further examination is needed to determine if this disability is related to service.,While the private examiner found the appellant’s migraine headaches are aggravated by his service-connected tinnitus, the opinion did not provide a baseline severity or an onset date for the disability. Therefore, further medical examination and opinion is needed to establish service connection under a theory of aggravation.,The appellant's assertion that he has had psychiatric disabilities since his active duty service, combined with evidence of migraine headaches, indicates a possible relationship to service. Further examination is needed to determine if this disability is related to service.
- Claimed conditions
- Bilateral Hearing Loss, Low Back Disability, Migraines (including as aggravated by service-connected tinnitus), Psychiatric Disability (including as aggravated by service-connected tinnitus), Right Lazy Eye, Tinnitus
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 17, 2019
- Citation
- 19104294
Veterans Law Judge
Decisions by this judge: 1,810 · Granted: 23% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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 19104294.
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 service connection for bilateral hearing loss and tinnitus, finding that the Veteran's current conditions are not related to his military service.
- Granted
The Veteran's bilateral hearing loss is granted as service-connected. The claims for alcohol abuse and psychiatric disorder are remanded for additional development, including a VA examination to determine the nature and etiology of these conditions.
- Remanded (sent back)
The Board has decided to remand the case due to a need for a new VA examination to assess the current severity of the Veteran's bilateral hearing loss. The issue remains under direct service connection theory.
- Denied
The Veteran's hearing loss was rated at 30 percent, the highest non-compensable rating available. The Board found that his hearing loss did not warrant a higher rating based on VA examinations and medical records.
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.