The Veteran's appeal for an initial compensable rating for bilateral hearing loss disability was denied. The Board found that the Veteran's service-connected bilateral sensorineural hearing loss disability is manifested by hearing acuity no worse than Level III in each ear, resulting in a 0 percent rating. For the remaining issues on appeal, including left lower extremity peripheral neuropathy, right lower extremity peripheral neuropathy, liver disability, thyroid disability, low back disability, and face spasms, the Board found that pre-decisional duty to assist errors were made and remanded for further action.
The deciding factor: The Veteran's service-connected bilateral sensorineural hearing loss disability is manifested by hearing acuity no worse than Level III in each ear, resulting in a 0 percent rating. For the remaining issues on appeal, including left lower extremity peripheral neuropathy, right lower extremity peripheral neuropathy, liver disability, thyroid disability, low back disability, and face spasms, the Board found that pre-decisional duty to assist errors were made and remanded for further action.
- Claimed conditions
- Bilateral Hearing Loss Disability, Left Lower Extremity Peripheral Neuropathy, Right Lower Extremity Peripheral Neuropathy, Liver Disability, Thyroid Disability, Low Back Disability, Disability characterized by face spasms
- How they argued it
- Presumptive (no nexus needed)
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 15, 2022
- Citation
- A22023112
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 A22023112.
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 has decided to remand the Veteran's claims for increased ratings for his low back, left knee, and right knee disabilities due to inadequate VA examinations. The AOJ is instructed to obtain private treatment records from Mays & Schnapp Pain Management and schedule the Veteran for additional medical examinations.
- Granted
The Board has granted service connection for the Veteran's low back disability, including diagnosed degenerative arthritis with DDD other than intervertebral disc syndrome and spinal stenosis status post L3, L4, and L5 laminectomy. The decision is based on the Veteran's in-service injury and his ongoing symptoms since then.
- Granted
The Veteran's right shoulder disability, low back condition, bilateral knee disabilities, and left shoulder strain have been granted service connection. The Veteran's low back condition has been increased to a 40 percent evaluation, while the bilateral knee conditions remain at their current 10 percent evaluations.
- Denied
The Board has denied service connection for the claimed conditions as there is no persuasive evidence of current diagnoses or in-service incurrence or aggravation.
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