The Board has dismissed the appeal for a higher rating for tinnitus and remanded the issues of reopening left ear hearing loss, service connection for Meniere’s disease, increase in rating for right ear hearing loss, and rating for lumbar spondylosis. The case is now pending with the VA to obtain additional medical records and conduct further examinations.
The deciding factor: The Board found that new evidence had been received but did not meet the threshold for reopening the claim of service connection for left ear hearing loss due to lack of a definitive diagnosis or etiology. For Meniere’s disease, the Board noted uncertainties in the clinical records regarding the appropriate diagnosis and etiology.
- Claimed conditions
- tinnitus, left ear hearing loss, Meniere’s disease (vertigo), right ear hearing loss, lumbar spondylosis
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- September 17, 2019
- Citation
- 19171906
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 19171906.
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.
- Partly granted
The Board granted service connection for asthma and remanded claims for insomnia and sleep apnea. Other conditions were denied.
- 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).
- Partly granted
The Board granted a 20 percent disability rating for left and right lower extremity radiculopathy from April 3, 2023 onward, but denied higher ratings prior to that date. Service connection was also granted for alcohol use disorder as secondary to PTSD with traumatic brain injury.
- 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.
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