The Board has remanded the Veteran's claims for service connection due to inadequate and invalid examination results, potential noise exposure based on his MOS, and lack of private treatment records.
The deciding factor: The VA examinations were not valid for rating purposes due to symptom magnification, and there are no alternate methods provided by the examiner to determine organic hearing loss or tinnitus. The Veteran's sleep disorder claim is remanded as he has not submitted private medical records.
- Claimed conditions
- Bilateral Hearing Loss, Tinnitus, Sleep Disorder (claimed as Sleep Apnea), Acquired Psychiatric Disorder (claimed as PTSD)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- August 12, 2019
- Citation
- 19162172
Veterans Law Judge
Decisions by this judge: 1,836 · Granted: 31% (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 19162172.
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.
- Denied
The Board denied service connection for bilateral hearing loss and tinnitus, finding that the Veteran's current conditions are not related to his military service.
- Granted
The Veteran's bilateral hearing loss is granted as service-connected. The claims for alcohol abuse and psychiatric disorder are remanded for additional development, including a VA examination to determine the nature and etiology of these conditions.
- Remanded (sent back)
The Board has decided to remand the case due to a need for a new VA examination to assess the current severity of the Veteran's bilateral hearing loss. The issue remains under direct service connection theory.
- Denied
The Veteran's hearing loss was rated at 30 percent, the highest non-compensable rating available. The Board found that his hearing loss did not warrant a higher rating based on VA examinations and medical records.
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