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Remanded (sent back)PACT Act

The Veteran's tinnitus is granted as service-connected.,For the period prior to November 9, 2016, his sinusitis was not compensably rated. For the period after November 9, 2016, a 30 percent rating is granted for sinusitis.,The Veteran's right shoulder condition and related scar are remanded due to lack of STRs and need for an examination to determine etiology.,The Veteran's back condition is remanded as VA needs to provide an opinion on the likely etiology of his current diagnosed back disability, including consideration of in-service duties.,The Veteran's left knee and right knee disabilities are remanded due to inadequate VA examinations and need for addendum opinions.,The Veteran's flat feet are remanded because a VA examiner has not addressed whether preexisting flat feet were aggravated by service.,The Veteran's right ear hearing loss is remanded as the threshold for disability was not met in his previous examination. The issues of right ear hearing loss and left ear hearing loss are inextricably intertwined.,The Veteran's right hand middle finger laceration residuals are remanded due to potential missing records from hospitalization during service.,The Veteran's service-connected left ear hearing loss is remanded as the Veteran asserts an increase in severity since his last VA examination.

The deciding factor: Service connection for tinnitus was granted based on credible testimony and competent evidence of noise exposure without effective protection, outweighing VA opinions.,For sinusitis prior to November 9, 2016, the Veteran did not meet criteria for a compensable rating. For post-November 9, 2016 period, there were seven or more non-incapacitating episodes over the previous year.,Right shoulder condition and scar need STRs and an examination to determine etiology due to lack of records and inadequate VA examination.,Back disability needs a VA examination to determine likely etiology considering in-service duties including lifting cables and reels, with consideration for preexisting flat feet.,Left knee and right knee disabilities need VA examinations to determine etiology and consider secondary service connection. Inadequate August 2013 and October 2015 VA examinations require addendum opinions.,Flat feet need a VA examiner to address whether preexisting condition was aggravated by service, considering entrance examination diagnosis of flat feet.,Right ear hearing loss needs VA examination to determine current severity and manifestations. Right ear hearing loss is inextricably intertwined with left ear hearing loss.,Right hand middle finger laceration residuals need VA examination for potential missing records from hospitalization during service.,Left ear hearing loss needs a VA examination to assess the Veteran's assertion of increased severity since his last VA examination.

Claimed conditions
tinnitus, sinusitis, right shoulder condition, back condition, left knee disability, right knee disability, flat feet, right ear hearing loss, right hand middle finger laceration
How they argued it
Not specified
Exposure basis
None
Rating assigned
None in this decision
Decision date
June 11, 2018
Citation
18109853

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 18109853.

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.

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