This case involves multiple issues including an earlier effective date for bilateral pes planus, service connection for tinnitus with consideration of CUE in a 1977 rating decision, and ratings for right and left knee disabilities. The Board has remanded these matters due to the need for further action.,An earlier effective date is denied for the increased evaluation of 30 percent for bilateral pes planus as it was not factually ascertainable that an increase in disability occurred within one year prior to the claim filing on January 14, 2013. The Veteran's contention regarding tinnitus service connection is also denied due to lack of a formal or informal communication indicating intent to apply for service connection before June 14, 2010.,Right and left knee disabilities are remanded as the evidence does not meet the criteria for a rating in excess of 10 percent.
The deciding factor: For bilateral pes planus, the effective date is determined based on when an increase in disability was ascertainable. For tinnitus service connection, there was no formal or informal communication indicating intent to apply before June 14, 2010. For right and left knee disabilities, the evidence does not meet the criteria for a higher rating.,Staged ratings may be assigned if different periods of time are found where the disability picture is distinct.
- Claimed conditions
- pes planus, tinea versicolor with acne, right knee disability, left knee disability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 14, 2018
- Citation
- 18150108
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 18150108.
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 Veteran's appeal is remanded for additional development, including a new VA examination to assess his bilateral knee and hip disabilities.
- Partly granted
The Board has not made a final determination on the claims of service connection for inguinal hernia, PTSD, joint pain, fibromyalgia, left knee disability, right knee disability, tinnitus, chronic fatigue syndrome, respiratory disability, sleep disorder, IBS, and headaches. The claims are remanded to obtain additional evidence and determine if these conditions are related to service.
- Remanded (sent back)
The Board has decided to remand the case due to insufficient rationale in the July 2012 VA examination for the Veteran's left knee disability, and a new addendum opinion is needed.
- Remanded (sent back)
The Board has remanded the claims for shin splints, right knee disability, acquired psychiatric disorder (depression), stomach disability, and left ear hearing loss due to errors in providing notice of the right to a hearing.
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