The Board has determined that a new VA examination is needed for the Veteran's right ear hearing loss and left ear hearing loss claims due to inconsistencies with previous examinations. The Veteran also needs updated VA treatment records, an audiological examination, and a knee disability examination.
The deciding factor: The Veteran's testimony indicated his May 2017 VA audiological examination was louder than other tests he had experienced, suggesting the need for a new examination to accurately assess his hearing loss. The right pinky finger disability requires updated treatment records due to continued treatment. For the knee disabilities, the Board found that the January 2019 VA examination did not account for flare-ups and thus a new examination is needed.
- Claimed conditions
- right ear hearing loss, left ear hearing loss, right pinky finger disability (proximal interphalangeal joint non-fused avulsion fracture), right knee degenerative arthritis with history of meniscal tear and knee strain, status post-surgical repair, left knee degenerative arthritis with history of meniscal tear and knee strain, status post-surgical repair
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- August 31, 2022
- Citation
- 22049438
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 22049438.
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 Veteran's claim for an initial compensable disability rating for onychomycosis was denied as the condition did not require treatment and covered less than 5% of his body. The Board also remanded issues regarding service connection for left ear hearing loss and entitlement to a compensable disability rating for right ear hearing loss.
- Dismissed
The Veteran withdrew his appeal for service connection of right ear hearing loss, and the case is dismissed.
- Remanded (sent back)
The Board has remanded the claims for shin splints, right knee disability, acquired psychiatric disorder (depression), stomach disability, and left ear hearing loss due to errors in providing notice of the right to a hearing.
- Dismissed
The Board dismissed the Veteran's appeals for service connection of sleep apnea, left lower extremity (LLE) sciatic nerve radiculopathy, and right ear hearing loss due to untimely filing.,The Board also dismissed the appeal for service connection of left ear hearing loss as moot because it was already granted in a prior decision.
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