The Board has reopened the claim for service connection for bilateral hearing loss and granted it. Service connection is also granted for multiple sclerosis, but the issues of service connection for seronegative rheumatoid arthritis and bilateral toe fungus are remanded due to insufficient evidence.
The deciding factor: New evidence was received that relates to unestablished facts necessary to substantiate the service connection claim for a right shoulder condition. The Board finds the evidence in equipoise as to whether the Veteran's multiple sclerosis is related to service, but affords less weight to the VA examiner's opinion due to his failure to address early onset symptoms of multiple sclerosis.
- Claimed conditions
- bilateral hearing loss, multiple sclerosis, seronegative rheumatoid arthritis, bilateral toe fungus
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 4, 2023
- Citation
- 23055002
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 23055002.
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 withdrew the appeals for service connection for bilateral pes planus, obstructive sleep apnea, bilateral hearing loss, tinnitus, and chronic obstructive pulmonary disease (COPD).
- Denied
The Board denied service connection for multiple conditions, including bilateral hearing loss and various musculoskeletal issues, as well as an initial rating in excess of 0 percent for rhinitis. However, the Board granted a 70 percent rating for posttraumatic stress disorder (PTSD).
- Denied
The Board denied the veteran's claims for increased ratings and service connection for a bilateral hearing loss disability, as the evidence did not support higher ratings or service connection.
- Granted
The Board granted service connection for bilateral hearing loss, finding it at least as likely as not related to the Veteran's in-service noise exposure.
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