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 found during the lumbar spine examination.
The deciding factor: The Veteran's hearing loss does not meet the criteria for a compensable rating based on audiometric testing results.,VA examinations did not provide information regarding functional limitations or flare-ups, which are necessary to determine if there is any impairment affecting his ability to work.,No evidence of peripheral neuropathy was found during the VA examination, despite the Veteran's claim that he has neuropathy secondary to his service-connected lumbar spine disability.,Radiculopathy was not found during the VA examination for the lumbar spine, which could affect nerve function in the lower extremities.
- 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 Veteran's bilateral hearing loss is granted as service-connected. The claims for alcohol abuse and psychiatric disorder are remanded for additional development, including a VA examination to determine the nature and etiology of these conditions.
- Remanded (sent back)
The Board has decided to remand the case due to a need for a new VA examination to assess the current severity of the Veteran's bilateral hearing loss. The issue remains under direct service connection theory.
- Denied
The Veteran's hearing loss was rated at 30 percent, the highest non-compensable rating available. The Board found that his hearing loss did not warrant a higher rating based on VA examinations and medical records.
- Denied
The Board denied the Veteran's claim for service connection for bilateral hearing loss, finding that there was no evidence of a nexus between his current hearing loss and his active service. The Board noted that while he had complaints of earaches in service, these did not indicate a current disability.
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