The Board has dismissed the motion alleging clear and unmistakable error (CUE) in the August 2012 rating decision because it is not final with respect to the denial of service connection for a bilateral hearing loss disability. The case is remanded due to the failure to issue an SOC.
The deciding factor: The August 2012 rating decision was not final as it pertained to a claim that remains pending, and thus cannot be reversed or amended on the basis of CUE.
- Claimed conditions
- bilateral hearing loss disability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- June 7, 2019
- Citation
- 19144117
Veterans Law Judge
Decisions by this judge: 2,050 · Granted: 32% (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 19144117.
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.
- Remanded (sent back)
The Board has granted service connection for tinnitus but has remanded the issue of service connection for bilateral hearing loss disability due to inadequate examination and reasoning.
- Denied
The Board has denied the Veteran's claims for service connection for bilateral hearing loss disability and tinnitus, finding that there is no credible evidence linking these conditions to his active service.
- Remanded (sent back)
The Board has remanded the Veteran's claims for bilateral hearing loss disability and tinnitus due to errors in providing notice of his right to a pre-decisional hearing.
- Remanded (sent back)
The Board has granted service connection for tinnitus but has remanded the claim of service connection for bilateral hearing loss disability due to a pre-decisional duty to assist error.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.