The Veteran's petition to reopen his claim for service connection for bilateral hearing loss is granted. The Board finds that new and material evidence has been submitted since the prior final January 2016 rating decision, raising a reasonable possibility of substantiating the claim. However, the claims for service connection for left ankle disability, left shoulder disability (other than bicipital tendonitis), and athlete's foot are remanded due to outstanding VA treatment records and need for a VA Gulf War examination.
The deciding factor: The Veteran submitted new evidence that could reasonably substantiate his claim of bilateral hearing loss if reopened. However, the claims for service connection for left ankle disability, left shoulder disability (other than bicipital tendonitis), and athlete's foot are remanded due to outstanding VA treatment records and need for a VA Gulf War examination.
- Claimed conditions
- bilateral hearing loss, left ankle disability, left shoulder disability (other than bicipital tendonitis), athlete's foot
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 6, 2023
- Citation
- 23007380
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 23007380.
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 Board has expanded the scope of the claim to include any mental health disorder raised by the record and has remanded for additional development regarding service connection for left leg, ankle, and psychiatric 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.
- Remanded (sent back)
The Board has remanded the claims for bilateral hearing loss, migraine headaches, and PTSD due to additional development of records and examination.
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