The Veteran's hearing loss and asthma have been granted service connection, but the rating for hearing loss is denied. GERD has been dismissed as a matter of law due to its severance from his record. The Board has remanded the case for further development regarding asthma prior to August 10, 2022.
The deciding factor: The Veteran's asthma was granted service connection based on exposure to toxins during Southwest Asia (SWA) service under the PACT Act of 2022. However, the effective date is limited to August 10, 2022 due to the retroactive nature of the grant.
- Claimed conditions
- Hearing Loss, Gastroesophageal Reflux Disease (GERD), Asthma
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- September 7, 2023
- Citation
- 23049317
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 23049317.
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.
- Denied
The Board denied service connection for bilateral hearing loss and tinnitus, finding that the Veteran's current conditions are not related to his military service.
- Granted
The Veteran's acquired psychiatric disorder is granted a 70% rating, effective July 15, 2024. The Veteran's GERD remains at a 10% rating.
- Denied
The Board denied service connection for hearing loss as there is no current diagnosis of a bilateral hearing disability for VA purposes, and the Veteran did not have a hearing loss disability at any time during or recent to the filing of his claim.
- Denied
The Veteran's asthma is currently rated as 10 percent disabling, and the Board finds that this rating adequately compensates his service-connected condition.
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