The Veteran's bilateral hearing loss is currently rated as noncompensable, and the claim for an initial compensable rating is denied.,The Veteran's staphylococcus infection is not service-connected under 38 U.S.C. § 1151 due to lack of evidence showing VA fault or reasonable foreseeability of complications from TURP surgery.,Service connection for a right eye disability and a headache disability are remanded as new issues were raised in the appeal.
The deciding factor: The Veteran's hearing loss did not meet the criteria for a compensable rating based on VA examination results, which accurately reflect his disability picture under the applicable VA rating criteria.,There is no evidence of VA fault or reasonable foreseeability of complications from TURP surgery that would warrant compensation under 38 U.S.C. § 1151.,The Veteran raised new issues in his appeal regarding service connection for a right eye disability and a headache disability, which are remanded to allow further development.
- Claimed conditions
- Bilateral Hearing Loss, Staphylococcus Infection
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 16, 2022
- Citation
- 22064230
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 22064230.
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.
- 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.
- Denied
The Board denied the Veteran's claim for service connection for bilateral hearing loss, finding that there was no evidence of a nexus between his current hearing loss and his active service. The Board noted that while he had complaints of earaches in service, these did not indicate a current disability.
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