The issues of entitlement to a rating in excess of 10 percent for service-connected tinnitus with disequilibrium and the claim of service connection for PTSD are being remanded to the RO via the Appeals Management Center (AMC) in Washington, DC.
The deciding factor: The Board failed to consider whether the issue of entitlement to a rating in excess of 10 percent for service-connected tinnitus of the left ear with disequilibrium is a pending claim and did not address the Veteran's claim for an increased evaluation for tinnitus of the left ear with disequilibrium.
- Claimed conditions
- tinnitus of the left ear with disequilibrium, post-traumatic stress disorder (PTSD)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 19, 2009
- Citation
- 0910340
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 service connection for PTSD to be readjudicated on the merits due to new and relevant evidence.
- Partly granted
The veteran's claims for service connection for various conditions were denied, except for tinnitus and bilateral hearing loss disability which were granted. The veteran was also granted service connection for hypertension.
- Remanded (sent back)
The Board remands the claim for an evaluation in excess of 70 percent disabling for service-connected PTSD due to duty-to-assist errors.
- Denied
The Board denied the Veteran's claims for increased ratings for right hip bursitis, left knee strain, TBI, and PTSD.
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