The Veteran's right ear hearing loss is currently rated as noncompensable due to the presence of a margin of error in audiometric testing.,The Veteran's radiculopathy and back conditions are remanded for additional examination to address flare-ups, functional impairment during flare-ups, and whether they meet the criteria for ankylosis.
The deciding factor: The evidence does not provide sufficient information regarding the severity of the Veteran's hearing loss due to background noise and muffled sounds. The margin of error in audiometric testing is considered when determining a rating.,Flare-ups, functional impairment during flare-ups, and whether they meet the criteria for ankylosis need to be addressed by medical examination.
- Claimed conditions
- Right ear hearing loss, Right lower extremity radiculopathy, Left lower extremity radiculopathy, Early osteoarthritic change of the lumbosacral spine at L3-4 (lower back), Chronic sinusitis, Chronic asthma
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 9, 2024
- Citation
- 24007047
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 24007047.
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 Board has granted effective dates of July 10, 2024 for service connection for PTSD, lumbar strain, and left lower extremity radiculopathy.
- Remanded (sent back)
The Board has remanded the claims for further development due to insufficient evidence and need for additional examinations.
- Dismissed
The appeal for service connection for a right ear hearing loss disability is dismissed. The appeal for service connection for bilateral knee disabilities is denied.
- Remanded (sent back)
The Board has remanded the Veteran's claims for a compensable rating for right ear hearing loss and service connection for left ear hearing loss due to inadequate audiometric examinations. The Veteran will be scheduled for new VA examinations to determine the nature and etiology of his left ear hearing loss and the severity of his hearing loss.
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