The Board has granted service connection for tinnitus. The remaining issues of service connection for bilateral hearing loss, COPD, low back pain, and lower extremity neuropathy are remanded due to duty-to-assist errors.
The deciding factor: There were duty-to-assist errors in obtaining relevant private medical records from non-VA providers and verifying the Veteran's alleged exposure to herbicide agents (Agent Orange).
- Claimed conditions
- tinnitus, bilateral hearing loss, chronic obstructive pulmonary disease (COPD), low back pain, left lower extremity (LLE) neuropathy, right lower extremity (RLE) neuropathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 6, 2023
- Citation
- A23031002
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 A23031002.
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.
- 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 service connection for hearing loss, tinnitus, and an acquired psychiatric disorder due to incomplete medical records and need for further examination.
- Denied
The Board denied the Veteran's claims for service connection for tinnitus, arthritis, and memory loss. The decision found no evidence linking these conditions to his military service.
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