The Board has remanded the case due to failure to substantially comply with a directive for additional development, including obtaining a new medical examination and opinion. The Veteran's right ear disability is being considered in light of potential radiation exposure during service.
The deciding factor: The AOJ failed to obtain a new medical examination and opinion as directed by the Board, which is necessary to determine the etiology of the Veteran's current right ear disability.
- Claimed conditions
- Acoustic neuroma, Hearing loss, Vertigo
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 3, 2024
- Citation
- 24000397
Veterans Law Judge
Decisions by this judge: 1,432 · Granted: 29% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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 24000397.
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.
- Remanded (sent back)
The Board has remanded the claims of entitlement to service connection for vertigo and obstructive sleep apnea (OSA) due to a pre-decisional duty to assist error. The Veteran's hearing loss is not rated higher than 10 percent.
- Remanded (sent back)
The Veteran's hearing loss and low back strain claims are remanded for further evaluation. The hearing loss claim is denied, while the low back strain claim requires additional examination to determine its severity.
- Granted
The Veteran's claim for a separate rating of 30 percent for vertigo is granted, while the claim for an increased rating for tinnitus remains denied.
- Denied
The Board denied service connection for hearing loss, finding that the Veteran's current hearing loss disability is not related to military noise exposure and there is no evidence of a nexus between in-service noise exposure and his current condition.
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