The Board denied service connection for right ear hearing loss on the basis of aggravation of a pre-service disability and remanded the issue of secondary service connection from peripheral vestibular disorder, chronic otitis externa, tinnitus, and/or left ear hearing loss.
The deciding factor: The October 2019 VA examination was found inadequate by the Court. The September 2022 VA examiner opined that pre-existing hearing loss was not aggravated beyond its natural progression by service, but this opinion is considered inadequate as it does not address aggravation by another service-connected disability.
- Claimed conditions
- right ear hearing loss
- How they argued it
- Aggravation of a pre-existing condition
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 3, 2024
- Citation
- 24000404
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 appeal for a compensable rating for left ear hearing loss, service connection for right ear hearing loss, and bilateral vision condition was dismissed. Service connection for hypertension, congestive heart failure, and coronary artery disease was denied.
- Granted
The Board granted service connection for right ear hearing loss, resolving reasonable doubt in the Veteran's favor based on a finding of etiological relation to in-service noise exposure.
- Denied
The Board denied service connection for various conditions, including left foot condition, right foot condition, cellulitis, right ear hearing loss, and right lower extremity radiculopathy. The appeal of the proposal to reduce a 40 percent evaluation for lumbosacral strain was dismissed.
- Partly granted
The Board granted an initial rating of 70 percent for the Veteran's service-connected depressive disorder due to another medical condition with depressive features and generalized anxiety disorder, denied a higher rating for his migraine including migraine variants, and denied ratings for other conditions.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.