The Board has determined that new evidence warrants readjudication of the claims for service connection for bilateral sensorineural hearing loss and tinnitus. The claim for tinnitus is granted, but the claim for bilateral SNHL is remanded due to a duty-to-assist error.
The deciding factor: The April 2018 VA examiner's opinion was based on an inaccurate characterization of the evidence, particularly regarding the lack of documented hearing loss and threshold shifts in service. The Board requires a new medical opinion to determine if the Veteran’s current bilateral hearing loss disability is related to his period of active duty service.
- Claimed conditions
- bilateral sensorineural hearing loss, tinnitus
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 19, 2020
- Citation
- A20015683
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.
- 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.
- 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 tinnitus, cubital tunnel syndrome, right plantar fasciitis, and a right knee disability due to the lack of evidence supporting a nexus between these conditions and the Veteran's military service.
- Granted
The Board granted an effective date of April 25, 2022, for the award of service connection for tinnitus and a 100 percent initial rating for PTSD with alcohol use disorder.
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