The Board has determined that additional development is necessary for both the PTSD and residuals of ruptured eardrums claims, including providing notice under 38 C.F.R. § 3.304(f)(3) regarding personal assault allegations for PTSD, obtaining VA outpatient treatment records, scheduling a VA examination to determine if current ear disorders are related to military service, and readjudicating the issues.
The deciding factor: The Board found that proper notice under 38 C.F.R. § 3.304(f)(3) was not provided for PTSD claims based on in-service personal assaults, necessitating additional development.
- Claimed conditions
- Post-Traumatic Stress Disorder (PTSD), Ruptured eardrums, Mild sensorineural hearing loss
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 26, 2006
- Citation
- 0602209
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.
- Remanded (sent back)
The Board remands the claim for an earlier effective date for service connection of an acquired psychiatric disability, to include PTSD, as it needs a medical opinion addressing the nature and etiology of the condition prior to October 16, 2023.
- Granted
The Veteran is granted special monthly compensation (SMC) based on the need for regular aid and attendance due to his service-connected disabilities.
- Partly granted
The Veteran is granted special monthly compensation (SMC) based on the need for regular aid and attendance of another since September 30, 2020.
- Partly granted
The Board granted service connection for headaches and right hand strain, increased the ratings for PTSD, bilateral hearing loss, dyshidrotic eczema, and hypertension, and denied service connection for Parkinsonism, pes planus/flat feet, GERD, tinea versicolor, allergic rhinitis, and tinnitus. The Board also granted a TDIU.
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