The Board has decided to remand the Veteran's claims for lumbar spine stenosis L4/L5; L3/L4 and bilateral hearing loss due to duty-to-assist errors. The examiner is asked to provide an addendum opinion regarding whether the Veteran's preexisting lumbar condition was aggravated by service, and to opine on the likelihood of a current disability being related to service.
The deciding factor: The Board found that there were duty-to-assist errors in the previous examination and decision, specifically regarding the assessment of aggravation of the Veteran's pre-existing lumbar spine condition during service and the relationship between his hearing loss and service.
- Claimed conditions
- lumbar spine stenosis L4/L5; L3/L4, bilateral hearing loss
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 25, 2022
- Citation
- A22021511
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 A22021511.
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.
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