The Veteran's claim of service connection for left ear hearing loss is granted. The AOJ should remand the issues of entitlement to an initial compensable rating for right ear hearing loss and an initial rating greater than 30 percent for PTSD.
The deciding factor: The decision was not about service connection, but rather about the appropriate ratings for certain conditions. The Veteran's claim for left ear hearing loss is granted based on presumed exposure to acoustic trauma in Vietnam. The AOJ should remand the issues of right ear hearing loss and PTSD as they are related to the same in-service exposure.
- Claimed conditions
- left ear hearing loss, right ear hearing loss, tinnitus, posttraumatic stress disorder (PTSD)
- How they argued it
- Presumptive (no nexus needed)
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- June 6, 2019
- Citation
- 19143703
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 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.
- Partly granted
The Veteran was granted a 70 percent initial disability rating for PTSD effective December 2, 2021, but the claim for an increased rating in excess of 70 percent was denied. The appeal also included claims for service connection and ratings for various conditions, some of which were granted while others were remanded.
- Remanded (sent back)
The Board remands the claim for service connection for tinnitus to correct a duty to assist error, as the Veteran's lay statements regarding onset and continuity of symptoms were not adequately considered in the previous decision.
- 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).
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