The Board has denied an initial rating in excess of 70 percent for bilateral hearing loss and has remanded the issues of service connection for bilateral leg condition, low back condition, and bilateral ankle condition.
The deciding factor: The Veteran's hearing loss falls under the criteria of 38 C.F.R. § 4.86 as an exceptional pattern of hearing impairment due to the pure tone thresholds at all levels being above 55 decibels. The VA examiner determined that the Veteran’s bilateral leg condition, low back condition, and bilateral ankle condition are not related to his active duty service.
- Claimed conditions
- Bilateral Hearing Loss, Bilateral Leg Condition, Low Back Condition, Bilateral Ankle Condition
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 70%
- Decision date
- September 4, 2020
- Citation
- 20058702
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 20058702.
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.
- Granted
The Veteran's bilateral hearing loss is granted as service-connected. The claims for alcohol abuse and psychiatric disorder are remanded for additional development, including a VA examination to determine the nature and etiology of these conditions.
- Remanded (sent back)
The Board has decided to remand the case due to a need for a new VA examination to assess the current severity of the Veteran's bilateral hearing loss. The issue remains under direct service connection theory.
- Denied
The Veteran's hearing loss was rated at 30 percent, the highest non-compensable rating available. The Board found that his hearing loss did not warrant a higher rating based on VA examinations and medical records.
- Denied
The Board denied the Veteran's claim for service connection for bilateral hearing loss, finding that there was no evidence of a nexus between his current hearing loss and his active service. The Board noted that while he had complaints of earaches in service, these did not indicate a current disability.
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