The Board has remanded the case due to errors in addressing the Veteran's lay evidence and the rationale of a VA audiologist's opinion. The claim will be reconsidered with an addendum opinion from a VA audiologist.
The deciding factor: The Court found that the Board erred in not adequately addressing the Veteran’s lay testimony about his hearing problems beginning during service, and in relying on a VA audiologist's opinion without adequate rationale.
- Claimed conditions
- Right ear hearing loss disability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 5, 2019
- Citation
- 19125965
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 a compensable rating for right ear hearing loss disability due to unreliable and inconsistent responses during audiometric testing.
- Partly granted
The Board denied the claims for an initial compensable rating for left ear sensorineural hearing loss, service connection for a right ear hearing loss disability, and a left eye disorder. However, it granted service connection for a back disability and radiculopathy of both lower extremities as secondary to the back disability.
- Remanded (sent back)
The Board has remanded the cases for further development and to obtain a new opinion regarding the service connection of various hearing loss disabilities, including residuals from an in-service injury. The Appellant's National Guard service is also being reviewed.
- Granted
The Veteran's right ear hearing loss disability is at least as likely as not related to in-service noise exposure, and the Board has granted service connection for this condition.
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