The Veteran's claims for an initial compensable rating for bilateral hearing loss and service connection for a respiratory disorder (COPD) and gastroesophageal reflux disorder (GERD) are being remanded due to the need for additional examinations.,Service connection is sought for a respiratory disorder, including as due to herbicide agent exposure. The Veteran's service records show he had upper respiratory infections in 1970 and 1972, which may be related to his current COPD diagnosis.,The Veteran seeks service connection for GERD, claiming it developed from his service-connected disabilities or due to herbicide agent exposure. A VA examination is needed to determine the etiology of his gastrointestinal disorder.
The deciding factor: Further assistance is required in order to comply with the duty to assist as mandated by 38 U.S.C. § 5103A, including obtaining additional medical opinions and examinations.,VA must obtain an opinion when there is competent evidence of a disability that may be associated with service, and the threshold for finding that the disability (or symptoms of a disability) may be associated with service is low.,The Veteran's service records show he had upper respiratory infections in 1970 and 1972. A VA examination is needed to determine if his current GERD diagnosis is related to these incidents or any other factors.
- Claimed conditions
- Bilateral Hearing Loss, Respiratory Disorder (COPD), Gastroesophageal Reflux Disorder (GERD)
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 5, 2023
- Citation
- 23000657
Veterans Law Judge
Decisions by this judge: 1,432 · Granted: 29% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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 23000657.
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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