The Board has remanded the Veteran's claims for service connection for a back disorder, bilateral hearing loss, and tinnitus due to new evidence of constant, chronic pain since service. The initial ratings for non-traumatic compartment syndrome of the right and left lower extremities are also remanded.
The deciding factor: The VA examinations were not conducted or audiograms provided to determine if the Veteran meets the criteria for a bilateral hearing loss disability for VA purposes.
- Claimed conditions
- Back Disorder, Bilateral Hearing Loss, Tinnitus, Non-traumatic Compartment Syndrome of the Right Lower Extremity (Right Leg Disability), Non-traumatic Compartment Syndrome of the Left Lower Extremity (Left Leg Disability)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 12, 2019
- Citation
- 19128852
Veterans Law Judge
Decisions by this judge: 1,990 · Granted: 35% (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 19128852.
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.
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