The Veteran's bilateral hearing loss has been rated as noncompensable, and the appeal is denied.,The Veteran's lumbar strain with lumbar muscle spasm requires additional development to determine if there are any functional limitations or flare-ups that affect his ability to work.,Service connection for left lower extremity neuropathy and right lower extremity neuropathy is remanded due to lack of evidence of peripheral neuropathy at the time of examination.,Service connection for dizziness and vertigo (secondary to service-connected traumatic brain injury) is remanded as there was no radiculopathy findings during the lumbar spine examinations.,Dizziness and vertigo secondary to TBI requires additional development to determine if it is related to his service-connected conditions.
The deciding factor: The Veteran's bilateral hearing loss does not meet the criteria for a compensable rating as per VA regulations, specifically under DC 6100.,VA examinations did not provide information on functional limitations or flare-ups during the lumbar spine examination, which is required by Correia v. McDonald and Sharp v. Shulkin.,The February 2018 peripheral nerves examination found no evidence of neuropathy but noted intermittent pain and paresthesias/dysesthesias in both upper extremities, without specifying the lower extremities.,During the lumbar spine examinations, there were no findings of radiculopathy. Service connection for dizziness and vertigo secondary to TBI requires additional development as there was no evidence of radiculopathy during the lumbar spine examination.,The Veteran's service-connected traumatic brain injury may be related to his dizziness and vertigo, but this needs further investigation.
- Claimed conditions
- Bilateral Hearing Loss, Lumbar Strain with Lumbar Muscle Spasm, Left Lower Extremity Neuropathy, Right Lower Extremity Neuropathy, Dizziness and Vertigo (Secondary to Service Connected Traumatic Brain Injury)
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 1, 2023
- Citation
- 23058981
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 23058981.
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.
- Granted
The Board granted service connection for bilateral hearing loss and tinnitus, finding that the Veteran's conditions are related to in-service noise exposure.
- Denied
The Board denied service connection for asbestosis, bronchitis, chronic obstructive pulmonary disease (COPD), rhinitis, sinusitis, and asthma. The Veteran's bilateral hearing loss was also denied a compensable rating.
- Denied
The Board denied the veteran's claims for a compensable rating for bilateral hearing loss, an initial rating in excess of 50 percent for PTSD, entitlement to TDIU, and SMC based on housebound status.
- Denied
The Board denied service connection for various disabilities and denied higher ratings for several service-connected conditions.
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