The Veteran's claim for increased ratings for bilateral hearing loss disability prior to October 5, 2016 was denied.,The Veteran's claim for increased ratings for bilateral hearing loss disability from October 5, 2016 to December 3, 2018 and thereafter was denied.,The Veteran's claim for service connection for respiratory conditions was remanded due to inadequate medical opinion.,
The deciding factor: The evidence did not meet the criteria for an increased rating in excess of 40 percent for bilateral hearing loss disability prior to October 5, 2016.,The evidence did not meet the criteria for an increased rating in excess of 50 percent for bilateral hearing loss disability from October 5, 2016 to December 3, 2018 and thereafter.,The VA medical opinion was inadequate as it was provided by a family practice physician instead of a pulmonologist. The remand requires an updated opinion from a pulmonologist regarding the relationship between respiratory conditions and in-service asbestos exposure.,
- Claimed conditions
- bilateral hearing loss, respiratory conditions
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 22, 2019
- Citation
- 19131304
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.
- Dismissed
The Veteran withdrew the appeals for service connection for bilateral pes planus, obstructive sleep apnea, bilateral hearing loss, tinnitus, and chronic obstructive pulmonary disease (COPD).
- Denied
The Board denied service connection for multiple conditions, including bilateral hearing loss and various musculoskeletal issues, as well as an initial rating in excess of 0 percent for rhinitis. However, the Board granted a 70 percent rating for posttraumatic stress disorder (PTSD).
- Partly granted
The Veteran's tinnitus is granted, while fibromyalgia, internal or external hemorrhoids, bilateral hearing loss, and neuropathy are denied.
- Granted
The Board granted service connection for bilateral hearing loss, finding it at least as likely as not related to the Veteran's in-service noise exposure.
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