The Board remands the claim for service connection for left ear hearing loss due to errors in the previous decision, including failure to address the Veteran's request for a telephone call and M21 provisions.
The deciding factor: The Board finds that a remand is necessary to make at least two attempts to contact the Veteran as requested on his November 2018 NOD in order to confirm the issues with which he disagrees and explain the appeals process, pursuant to the M21.
- Claimed conditions
- left ear hearing loss
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 2, 2024
- Citation
- 24031407
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.
- Partly granted
The Board granted a 20 percent disability rating for left and right lower extremity radiculopathy from April 3, 2023 onward, but denied higher ratings prior to that date. Service connection was also granted for alcohol use disorder as secondary to PTSD with traumatic brain injury.
- Remanded (sent back)
The Board remands the claim for service connection of left ear hearing loss due to a pre-decisional duty to assist error, as an addendum opinion is necessary to address evidence of in-service hearing loss and convert audiometric testing results from ASA to ISO-ANSI standards.
- Remanded (sent back)
The Board remands the claim for service connection for left ear hearing loss to obtain an adequate VA opinion addressing the hearing loss demonstrated on the September 1968 and July 1974 examination, under both ASA and ISO-ANSI standards.
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