The Veteran's appeal regarding the reduction of his rating for bilateral hearing loss from 20 percent to 10 percent is dismissed.,Service connection for cardiomyopathy and sinus tachycardia prior to September 12, 2016, is denied as there was no communication in that period seeking service connection. The effective date of the awards cannot be earlier than September 12, 2016.,The Veteran's appeal for a rating in excess of 10 percent for COPD is remanded due to need for updated VA and private treatment records.,The Veteran's claim for permanency of a total rating for service-connected cardiomyopathy is remanded as the current medical opinion on permanent disability is needed.,The Veteran's TDIU prior to September 12, 2016, is remanded due to its inextricability with the COPD claim.
The deciding factor: There was no communication seeking service connection for cardiomyopathy and sinus tachycardia during the period prior to September 12, 2016.,The effective date of the awards cannot be earlier than September 12, 2016, as there is no legal basis for an earlier effective date due to lack of a claim to reopen in that period.,A new examination and updated treatment records are needed to assess the current severity of COPD.,An opinion on whether the Veteran's service-connected cardiomyopathy is permanently disabling is required.,The TDIU claim must be considered together with the COPD claim due to its interdependence.
- Claimed conditions
- bilateral hearing loss, cardiomyopathy, sinus tachycardia, chronic obstructive pulmonary disease (COPD)
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 17, 2021
- Citation
- 21008638
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 21008638.
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's appeal for service connection of bilateral hearing loss and a ruptured right ear drum was dismissed due to the death of the Veteran.
- Denied
The Board found that the Veteran's bilateral hearing loss was noted upon entry into active duty service and did not increase in severity during service. Therefore, it denied his claim for service connection.
- Remanded (sent back)
The Board has remanded the claims for bilateral hearing loss, migraine headaches, and PTSD due to additional development of records and examination.
- Remanded (sent back)
The Board has decided to remand the case due to insufficient evidence regarding the Veteran's bilateral hearing loss claim, specifically needing an addendum opinion from a VA examiner. The Veteran will be asked to provide any missing records and former employers' information.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.