The Board remands the case to adjudicate whether there was clear and unmistakable error in the RO's March 1997 rating decision which assigned a single 10 percent disability rating for bilateral tinnitus, and to provide proper VCAA notice regarding the increased rating claim.
The deciding factor: The issue is being remanded due to an alleged CUE in the initial rating assignment and to ensure compliance with VCAA requirements.
- Claimed conditions
- bilateral tinnitus
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 26, 2009
- Citation
- 0911220
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.
- Denied
The Board denied the veteran's claims for an earlier effective date, service connection for bilateral hearing loss, and service connection for insomnia.
- Dismissed
The Veteran withdrew the appeal for service connection for bilateral tinnitus and bilateral hearing loss, resulting in their dismissal.
- Partly granted
The Board denied service connection for hypertension and remanded the claims for bilateral tinnitus, right knee osteoarthritis, and left knee osteoarthritis due to inadequate medical evidence.
- Denied
The Board denied the claims for earlier effective dates and remanded several service connection claims.
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.