The application to reopen a claim of entitlement to service connection for bilateral hearing loss is denied.,New and material evidence has been received to reopen a claim of entitlement to service connection for tinnitus. The claim for service connection for tinnitus is granted.,New and material evidence has been received to reopen a claim of entitlement to service connection for cervical degenerative arthritis. The claims regarding the Veteran's cervical degenerative arthritis and low back condition are remanded for de novo review on the merits.,New and material evidence has been received to reopen a claim of entitlement to service connection for low back condition. The claims regarding the Veteran's cervical degenerative arthritis and low back condition are remanded for de novo review on the merits.,The application to reopen a claim of entitlement to service connection for right leg condition is remanded.,The application to reopen a claim of entitlement to service connection for left leg condition is remanded.
The deciding factor: New and material evidence has not been received within one year of the March 1994 denial regarding bilateral hearing loss, as the Veteran did not appeal this decision.,The Veteran's testimony in September 2021 was considered new and material evidence for tinnitus, as it establishes a nexus between his military service and tinnitus.,New and material evidence has been received since the October 2009 denial regarding cervical degenerative arthritis and low back condition. The claims are remanded for de novo review on the merits due to VA's duty to assist in obtaining relevant records from SSA and Gateway Spine and Joint.,New and material evidence has been received since the October 2009 denial regarding cervical degenerative arthritis and low back condition. The claims are remanded for de novo review on the merits due to VA's duty to assist in obtaining relevant records from SSA and Gateway Spine and Joint.,The Veteran testified that he has had right leg conditions related to his back disability since service, warranting a remand for further evaluation.,The Veteran testified that he has had left leg conditions related to his back disability since service, warranting a remand for further evaluation.
- Claimed conditions
- bilateral hearing loss, tinnitus, cervical degenerative arthritis, low back condition
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 1, 2022
- Citation
- 22005349
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 22005349.
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 service connection for hearing loss, tinnitus, and an acquired psychiatric disorder due to incomplete medical records and need for further examination.
- Denied
The Board denied the Veteran's claims for service connection for tinnitus, arthritis, and memory loss. The decision found no evidence linking these conditions to his military service.
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.