The Board has determined that there is no current disability of hearing loss in the left ear for VA purposes at any time since separation from service. The Veteran's right ear hearing loss meets the criteria set forth in 38 C.F.R. § 3.385, but further verification of his Reserve training and noise exposure during such training is needed to properly adjudicate this claim.
The deciding factor: The evidence does not show a current disability for VA purposes at any time since separation from service for the left ear hearing loss, while right ear hearing loss meets the criteria set forth in 38 C.F.R. § 3.385.
- Claimed conditions
- Hearing loss in the left ear, Hearing loss in the right ear
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 1, 2019
- Citation
- 19124357
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 Veteran's claim for an initial compensable rating for left ear hearing loss based on the severity of his symptoms and the results of a controlled Maryland CNC speech discrimination test together with the average hearing threshold level measured by pure tone audiometry tests.
- Granted
The Veteran's service-connected disabilities, including PTSD, anxiety, depression, and mood disorders, have rendered him unable to secure or follow a substantially gainful occupation. The Board has granted TDIU based on these conditions.
- Granted
The Veteran's hearing loss in the right ear is granted as service connected. The Board found that it was at least as likely as not that the hearing loss occurred during service.
- Granted
The Board has granted the Veteran's claim for service connection for hearing loss in the right ear, finding that it is as likely as not attributable to in-service noise exposure. The appeal was reopened due to new and material evidence submitted since the previous denial.
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