The Veteran's bilateral hearing loss and tinnitus claims have been denied as there is no evidence of current disability for VA purposes.,The Veteran's lumbosacral strain, radiculopathy of the right lower extremity, and radiculopathy of the left lower extremity claims are remanded due to insufficient medical opinion regarding their etiology.
The deciding factor: There is no current evidence of bilateral hearing loss or tinnitus for VA purposes throughout the appeals period.,The VA examiner's opinion did not consider the Veteran's lay statements about in-service injury and was based solely on lack of contemporaneous treatment records, which cannot form the basis for a negative nexus opinion.
- Claimed conditions
- Bilateral Hearing Loss, Tinnitus, Lumbosacral Strain, Radiculopathy of the Right Lower Extremity, Radiculopathy of the Left Lower Extremity
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 22, 2024
- Citation
- 24003157
Veterans Law Judge
Decisions by this judge: 1,614 · Granted: 35% (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 24003157.
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.
- Denied
The Board denied service connection for bilateral hearing loss and tinnitus, finding that the Veteran's current conditions are not related to his military service.
- 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.
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