The Veteran's claim for service connection for bilateral hearing loss has been reopened and remanded.,The claims of service connection for left shoulder disability and right shoulder disability have also been remanded due to new evidence received within one year of the AOJ decisions denying these conditions in 2015.,Service connection for tinnitus is denied as there is no evidence of chronic tinnitus during service or a current diagnosis attributable to service.
The deciding factor: New and material evidence has been submitted that relates to an unestablished fact necessary to substantiate the claim for bilateral hearing loss, which was not previously considered.,The AOJ had constructive receipt of SSA records within one year of the August 6, 2015 rating decision for left shoulder disability and April 10, 2015 statement of the case for right shoulder disability. This evidence relates to unestablished facts necessary to substantiate these claims.,The Veteran's tinnitus was not shown to be chronic during service or within a presumptive period, and there is no evidence of continuity of symptomatology since service.
- Claimed conditions
- bilateral hearing loss, left shoulder disability, right shoulder disability, left knee disability, headache disability, acquired psychiatric disability
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- June 10, 2022
- Citation
- 22034231
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 22034231.
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.
- Remanded (sent back)
The Veteran's right shoulder disability and migraines/chronic headaches are remanded for additional development due to insufficient opinions on the etiology of her conditions.
- Remanded (sent back)
The Veteran's appeal is remanded for additional development, including a new VA examination to assess his bilateral knee and hip disabilities.
- 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.
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