The Veteran's left ear hearing loss and bilateral hearing loss prior to December 2, 2014 are denied as they do not meet the criteria for a compensable rating.,The Veteran's bilateral plantar fascitis is remanded for further evaluation. The back disability is also remanded for additional development including obtaining private treatment records and providing an opinion on its severity.
The deciding factor: The Veteran's hearing loss did not meet the criteria for a compensable rating at any point.,There was insufficient evidence to determine if the Veteran’s foot disability was related to his service, as required by McLendon v. Nicholson (2006). The back disability also requires additional development due to incomplete private treatment records.
- Claimed conditions
- left ear hearing loss, bilateral hearing loss, bilateral plantar fascitis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 19, 2019
- Citation
- 19186777
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 appeal for a compensable rating for left ear hearing loss, service connection for right ear hearing loss, and bilateral vision condition was dismissed. Service connection for hypertension, congestive heart failure, and coronary artery disease was 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).
- 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 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.
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