The Veteran's tinnitus is currently rated at the maximum schedular rating of 10 percent, and an increased rating is denied.,The effective date for a 80 percent rating for bilateral hearing loss has been changed to January 6, 2014. The earlier claim for this increase in disability is remanded as it cannot be granted prior to the date of treatment on January 6, 2014.,Service connection for an acquired psychiatric disorder including major depressive disorder is being remanded due to a lack of VA examination and opinion.
The deciding factor: The maximum schedular rating for tinnitus has been assigned, and no higher rating can be granted under the applicable regulations.,An earlier effective date cannot be granted as the increase in disability was factually ascertainable on January 6, 2014.,VA must provide an examination to determine if service connection is warranted for a psychiatric disorder including major depressive disorder.
- Claimed conditions
- tinnitus, bilateral hearing loss, acquired psychiatric disorder including major depressive disorder
- How they argued it
- Secondary to another service-connected condition
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 25, 2018
- Citation
- 18144169
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 18144169.
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.
- Partly granted
The Board granted service connection for asthma and remanded claims for insomnia and sleep apnea. Other conditions were denied.
- Dismissed
The Veteran withdrew the appeals for service connection for bilateral pes planus, obstructive sleep apnea, bilateral hearing loss, tinnitus, and chronic obstructive pulmonary disease (COPD).
- Denied
The Board denied service connection for multiple conditions, including bilateral hearing loss and various musculoskeletal issues, as well as an initial rating in excess of 0 percent for rhinitis. However, the Board granted a 70 percent rating for posttraumatic stress disorder (PTSD).
- Remanded (sent back)
The Board remands the claim for service connection for tinnitus to correct a duty to assist error, as the Veteran's lay statements regarding onset and continuity of symptoms were not adequately considered in the previous decision.
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