The Veteran's claim for service connection for residual nerve damage from a tonsillectomy has been reopened due to the submission of new and material evidence.,Service connection is granted for left ear hearing loss, as there is evidence of acoustic trauma during service and current hearing impairment meeting VA criteria.
The deciding factor: The Veteran's claim was previously denied because no nexus between his tonsillectomy in service and any current disability could be established. New evidence has now been received that suggests a possible connection, warranting reopening of the claim.,Service connection for left ear hearing loss is granted based on audiometric test results showing impairment within VA criteria, combined with credible statements from the Veteran regarding noise exposure during service.
- Claimed conditions
- residual nerve damage from a tonsillectomy, left ear hearing loss, obstructive sleep apnea
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 29, 2019
- Citation
- 19133213
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.
- Granted
The Board granted service connection for obstructive sleep apnea, effective from the date of the February 2025 rating decision.
- Dismissed
The appeal for a compensable rating for left ear hearing loss, service connection for right ear hearing loss, and bilateral vision condition was dismissed. Service connection for hypertension, congestive heart failure, and coronary artery disease was denied.
- 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).
- Remanded (sent back)
The Board remands the issue of entitlement to service connection for obstructive sleep apnea due to a duty to assist error.
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