The Board has decided to remand the Veteran's claims for bilateral hearing loss and tinnitus due to incomplete VA treatment records and an inadequate examination. The AOJ is required to obtain all relevant medical records, including those from Hines VAMC, and schedule a new examination to determine if the Veteran's current hearing disability is related to his military service.
The deciding factor: The Board found that there may be relevant VA records not associated with the claims file and that the July 2013 VA examination was inadequate for decision-making purposes. The examiner did not address whether the Veteran’s military noise exposure could have caused his current hearing disability, nor did they consider the Veteran's prior medical history.
- Claimed conditions
- bilateral hearing loss, tinnitus
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 22, 2020
- Citation
- 20068518
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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