The Veteran's claims for service connection are being remanded due to duty-to-assist errors in obtaining adequate medical opinions.,All issues related to the Veteran's hearing loss, tinnitus, degenerative arthritis of the lumbar spine, cervical spine condition, and traumatic brain injury will be addressed.
The deciding factor: The VA examinations obtained prior to the April 2019 rating decision on appeal were not adequate due to reliance on outdated or inconsistent evidence.
- Claimed conditions
- bilateral hearing loss, bilateral tinnitus, degenerative arthritis of the lumbar spine, cervical spine degenerative joint disease status post anterior-posterior fusion of C2 through C5 with right C6 radiculopathy (claimed as neck condition with bone spurs and arthritis), traumatic brain injury
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 26, 2023
- Citation
- A23037351
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 A23037351.
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 bilateral hearing loss, migraine headaches, and PTSD due to additional development of records and examination.
- Remanded (sent back)
The Board has decided to remand the case due to insufficient evidence regarding the Veteran's bilateral hearing loss claim, specifically needing an addendum opinion from a VA examiner. The Veteran will be asked to provide any missing records and former employers' information.
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