The Board has decided to remand the case due to a duty-to-assist error, and will consider any additional VA treatment records that may be relevant.
The deciding factor: The decision was based on incomplete or non-visible VA treatment records from audiology clinics and community care programs.
- Claimed conditions
- otosclerosis, residual hearing loss
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- September 4, 2024
- Citation
- A24052271
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 A24052271.
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 service-connected hearing impairment, including otosclerosis and BPPV with left ear hearing loss, is now rated at 100 percent effective March 14, 2024.
- Remanded (sent back)
The Board has remanded the claims of service connection for bilateral hearing loss and tinnitus due to outstanding service treatment records and the need for additional VA medical opinions.
- Remanded (sent back)
The Board has found that there has not been substantial compliance with the January 2023 remand order and thus, the Veteran's claims for service connection for eustachian tube dysfunction, otitis externa, and otosclerosis on a secondary basis as it's related to his service-connected bilateral hearing loss are being remanded for further development.
- Denied
The Board denied the Veteran's request for an earlier effective date for service connection of BPPV with cholesteatoma and otosclerosis, finding that the earliest communication received from the Veteran following issuance of a final May 2017 rating decision was on January 31, 2022. The Board concluded that this is when entitlement to service connection could be granted for right ear conditions other than hearing loss.
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