The Board has remanded the claims for an increased rating for bilateral hearing loss and a higher rating for service-connected vestibular disorder, as well as the effective date issue. The AOJ must ensure that all relevant evidence is obtained and associated with the record, including audiometric testing results from September 2014 and other occasions. A retrospective medical opinion should be obtained to determine if the Veteran's symptoms prior to April 2009 were consistent with his later diagnosed central vestibular disorder.
The deciding factor: The Board found that the AOJ did not fully consider evidence that Court found 'tend[ed] to show' that the RO may have interpreted the Veteran's arguments as a claim for a disorder other than hearing loss, and must ensure that all relevant audiometric testing results are obtained.
- Claimed conditions
- bilateral hearing loss, vestibular disorder
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- August 14, 2019
- Citation
- 19162857
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 19162857.
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 withdrew the appeals for service connection for bilateral pes planus, obstructive sleep apnea, bilateral hearing loss, tinnitus, and chronic obstructive pulmonary disease (COPD).
- Denied
The Board denied service connection for multiple conditions, including bilateral hearing loss and various musculoskeletal issues, as well as an initial rating in excess of 0 percent for rhinitis. However, the Board granted a 70 percent rating for posttraumatic stress disorder (PTSD).
- Partly granted
The Veteran's tinnitus is granted, while fibromyalgia, internal or external hemorrhoids, bilateral hearing loss, and neuropathy are denied.
- Granted
The Board granted service connection for bilateral hearing loss, finding it at least as likely as not related to the Veteran's in-service noise exposure.
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