The Veteran's claim for bilateral hearing loss is denied as there is no evidence of current hearing loss.,The Veteran's appendectomy scar does not meet the criteria for a compensable disability rating under VA regulations.,The Veteran's TBI, PTSD, and related conditions are remanded due to missing service treatment records.,The Veteran's lumbosacral strain and thoracic/lumbar spine arthritis, cervical spine disability, tinnitus, fibromyalgia, migraine headaches, chronic fatigue syndrome (CFS), and psychiatric disorder are all remanded for further development.,The Veteran's right foot disability, left foot disability, right ankle disability, and left ankle disability are also remanded due to missing service treatment records.
The deciding factor: There is no evidence of current bilateral hearing loss as determined by VA audiometric testing. The Veteran does not meet the criteria for a compensable rating under VA regulations.,The Veteran's appendectomy scar does not have any disabling effects other than those evaluated under DCs 7800 through 7804, and thus is rated noncompensably (0%) as there are no applicable Diagnostic Codes that provide for a higher evaluation.,Service treatment records are missing, which prevents the Board from making an informed decision on whether the Veteran's TBI, PTSD, and related conditions occurred during service or were caused by in-service events. The claims must be remanded to obtain these records.,The Veteran's lumbosacral strain and thoracic/lumbar spine arthritis, cervical spine disability, tinnitus, fibromyalgia, migraine headaches, chronic fatigue syndrome (CFS), and psychiatric disorder are all remanded due to missing service treatment records. The claims must be remanded to obtain these records.,The Veteran's right foot disability, left foot disability, right ankle disability, and left ankle disability are also remanded due to missing service treatment records. The claims must be remanded to obtain these records.
- Claimed conditions
- Bilateral Hearing Loss, Appendectomy Scar, Traumatic Brain Injury (TBI), Posttraumatic Stress Disorder (PTSD) due to Military Sexual Trauma, including Bipolar Disorder and Depression, Lumbosacral Strain and Thoracic/Lumbar Spine Arthritis, Cervical Spine Disability (claimed as Cervical Spine Arthritis), Tinnitus, Fibromyalgia, Migraine Headaches, Chronic Fatigue Syndrome (CFS), Psychiatric Disorder (to include Major Depressive Disorder), Right Foot Disability, Left Foot Disability, Right Ankle Disability, Left Ankle Disability
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- August 15, 2022
- Citation
- 22046102
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 22046102.
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.
- Denied
The Board denied service connection for bilateral hearing loss and tinnitus, finding that the Veteran's current conditions are not related to his military service.
- Granted
The Veteran's bilateral hearing loss is granted as service-connected. The claims for alcohol abuse and psychiatric disorder are remanded for additional development, including a VA examination to determine the nature and etiology of these conditions.
- Remanded (sent back)
The Board has decided to remand the case due to a need for a new VA examination to assess the current severity of the Veteran's bilateral hearing loss. The issue remains under direct service connection theory.
- Denied
The Veteran's hearing loss was rated at 30 percent, the highest non-compensable rating available. The Board found that his hearing loss did not warrant a higher rating based on VA examinations and medical records.
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