The Board has determined that the Veteran's appeal for service connection for tinnitus and bilateral hearing loss should be remanded due to a procedural error in docketing the appeal under the Appeals Modernization Act (AMA). The issues will need to be readjudicated, and the Veteran must file a timely VA Form 9 or opt into the AMA framework.
The deciding factor: The Board found that the Veteran's September 2019 VA Form 10182 was improperly docketed under the AMA system due to procedural errors, leading to a waiver of objections regarding the use of the form as a Notice of Disagreement. The issues will be remanded for readjudication.
- Claimed conditions
- tinnitus, bilateral hearing loss
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 6, 2023
- Citation
- 23059693
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 23059693.
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 service connection for hearing loss, tinnitus, and an acquired psychiatric disorder due to incomplete medical records and need for further examination.
- Denied
The Board denied the Veteran's claims for service connection for tinnitus, arthritis, and memory loss. The decision found no evidence linking these conditions to his military service.
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