The Board has remanded three issues: bilateral hearing loss, tinnitus, and a respiratory condition. The reasons for this are that there was a pre-decisional duty to assist error in not rescheduling the VA examinations, and that a TERA examination is needed for the tinnitus and respiratory claims.
The deciding factor: The Board found that there was a failure to provide necessary VA examinations due to the Veteran's inability to attend scheduled appointments. Additionally, as the PACT Act legislation was not in effect at the time of the July 2020 rating decision on appeal, a TERA examination is needed for the tinnitus and respiratory claims.
- Claimed conditions
- bilateral hearing loss disability, tinnitus, respiratory condition, to include a persistent cough
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 28, 2023
- Citation
- A23033561
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 A23033561.
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.
- 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.
- Granted
The Veteran's tinnitus is granted as service connected. The issues of foot disability and cardiovascular disorder are remanded for additional development.
- Granted
The Board has granted service connection for tinnitus, finding that it is at least as likely as not that the Veteran experienced tinnitus during his active duty service.
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