The Veteran's claim for service connection for bilateral hearing loss is denied as there is no evidence of a current disability.,Service connection for an upper respiratory infection (URI) is denied due to lack of persuasive evidence showing the presence of such condition during or within one year after separation from service.,The Veteran's claim for left leg varicose veins is remanded as VA did not provide a VA examination to determine the nature and etiology of his claimed condition.,Service connection for TMJ is remanded as VA did not provide a VA examination to determine the nature and etiology of his claimed condition.
The deciding factor: The Veteran's STRs do not show any evidence of bilateral hearing loss, and audiometric testing at separation showed no impairment in hearing acuity. The Veteran has not been shown to have a current disability for VA purposes.,There is no persuasive evidence showing the presence of an URI during or within one year after separation from service. The Veteran's STRs do not contain any diagnoses for an URI, and post-service medical records only show complaints related to respiratory issues that are unrelated to TMJ.,VA did not provide a VA examination to determine the nature and etiology of the Veteran's claimed left leg varicose veins, as required by law.,VA did not provide a VA examination to determine the nature and etiology of the Veteran's claimed TMJ condition, as required by law.
- Claimed conditions
- Bilateral Hearing Loss, Upper Respiratory Infection (URI), Left Leg Varicose Veins, Temporomandibular Joint Syndrome (TMJ)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 29, 2024
- Citation
- A24021764
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 A24021764.
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 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.
- Denied
The Board denied the Veteran's claim for service connection for bilateral hearing loss, finding that there was no evidence of a nexus between his current hearing loss and his active service. The Board noted that while he had complaints of earaches in service, these did not indicate a current disability.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
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.