The Veteran's appeal is being remanded for clarification of the nature of his incarceration and to determine if he was incarcerated due to a felony conviction, which would affect the overpayment calculation.
The deciding factor: The Board needs to clarify whether the Veteran's incarceration between August 2002 and February 2003 was due to a felony conviction or another offense.
- Claimed conditions
- Posttraumatic Stress Disorder (PTSD), Tinnitus, Left ear cholesteatoma surgery associated with a perforated left eardrum, Post-surgical neuropathy with headaches associated with status-post cholesteatoma surgery on the left ear, Perforated left eardrum, Residuals of a laceration of the left middle finger
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 26, 2012
- Citation
- 1237174
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 1237174.
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 claim for service connection for PTSD is granted as the evidence shows a current diagnosis of PTSD, an in-service stressor, and a medical link between the two.
- Denied
The Veteran's PTSD has been rated at 50% since March 23, 2004. The Board found that a higher rating is not warranted prior to February 15, 2005 due to the severity of his symptoms and their impact on his social and occupational functioning.
- Denied
The Board denied the Veteran's claims for service connection for PTSD and any acquired psychiatric disorder, finding that there was no evidence to support a link between his current mental health conditions and his military service.
- Denied
The Board denied service connection for bilateral hearing loss and tinnitus, finding that the Veteran's current conditions are not related to his military service.
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