The Veteran's claim for an earlier effective date for dysthymic disorder was denied as there was no CUE in the November 2009 rating decision.,The Veteran's claims for increased ratings for bilateral hearing loss were remanded due to new evidence showing a worsening of his condition.
The deciding factor: New audiometric test results showed an increase in puretone thresholds, warranting an increased rating for bilateral hearing loss.
- Claimed conditions
- dysthymic disorder, bilateral hearing loss, ear pain, left shoulder condition, neck condition, bilateral hand condition, bilateral foot disability, obesity, hypertension, sleep apnea, gastroesophageal reflux disease (GERD), eustachian tube dysfunction
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- July 19, 2019
- Citation
- 19156065
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 19156065.
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's appeal for service connection of bilateral hearing loss and a ruptured right ear drum was dismissed due to the death of the Veteran.
- Remanded (sent back)
The Board has remanded the claims for service connection for hypertension and peripheral neuropathy of the bilateral upper and lower extremities due to insufficient medical opinions regarding their etiology.
- Denied
The Board found that the Veteran's bilateral hearing loss was noted upon entry into active duty service and did not increase in severity during service. Therefore, it denied his claim for service connection.
- Remanded (sent back)
The Board has remanded the claims for bilateral hearing loss, migraine headaches, and PTSD due to additional development of records and examination.
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