The Board has denied service connection for bilateral hearing loss and remanded the claims of service connection for lumbar spine disorder and right foot pes planus. The Veteran's claim for bilateral hearing loss is denied as there is no evidence of a current disability meeting VA criteria. Service connection for lumbar spine disorder and right foot pes planus are remanded due to insufficient medical opinions.
The deciding factor: The Board found that the Veteran does not have a current diagnosis of bilateral hearing loss, which precludes service connection under 38 C.F.R. § 3.385. For the other issues, the Board determined that there were insufficient medical opinions regarding the etiology of the conditions.
- Claimed conditions
- bilateral hearing loss, lumbar spine disorder, right foot pes planus
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 19, 2020
- Citation
- A20015738
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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