The Veteran's appeal for an increased rating for tinnitus has been denied as the maximum schedular rating of 10 percent is already assigned.,The Board has remanded several issues including service connection and ratings for various disabilities due to a duty to assist error prior to the May 2018 RAMP opt-in.,Issues include left eye occipital neuralgia, lower extremity sciatica, upper extremity radiculopathy, herpes simplex virus, adjustment disorder with anxiety/depression, migraine headaches, sleep apnea, stroke/vertebral artery dissection, thoracolumbar strain, cervical strain, and scars from hernia repair.,The Veteran's service connection claims for lower and upper extremity sciatica and radiculopathy are remanded due to a duty to assist error prior to the May 2018 RAMP opt-in. VA treatment records need to be obtained from non-VA providers.
The deciding factor: The Veteran's tinnitus is already rated at its maximum schedular rating of 10 percent, and there are no unique or unusual symptoms that would warrant a higher rating.,Several issues have been remanded due to a duty to assist error prior to the May 2018 RAMP opt-in. This includes obtaining VA treatment records from non-VA providers for certain disabilities.,The Veteran's service connection claims for lower and upper extremity sciatica and radiculopathy are being remanded as there is insufficient evidence in the record regarding their etiology and severity.,The Veteran's service connection claims for herpes simplex virus, adjustment disorder with anxiety/depression, migraine headaches, sleep apnea, stroke/vertebral artery dissection, thoracolumbar strain, cervical strain, and scars from hernia repair are being remanded due to a duty to assist error prior to the May 2018 RAMP opt-in.
- Claimed conditions
- tinnitus, left eye occipital neuralgia, left lower extremity sciatica, right lower extremity sciatica, left upper extremity radiculopathy, right upper extremity radiculopathy, herpes simplex virus, adjustment disorder with depressed mood and unspecified anxiety disorder with attention deficit/hyperactivity disorder, migraine headaches, sleep apnea, residuals of ischemic stroke, post vertebral artery dissection, thoracolumbar strain, cervical strain, scars, post bilateral hernia repair
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- September 10, 2019
- Citation
- A19001228
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 A19001228.
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 Board has remanded the claims for service connection for hearing loss, tinnitus, and an acquired psychiatric disorder due to incomplete medical records and need for further examination.
- Denied
The Board denied the Veteran's claims for service connection for tinnitus, arthritis, and memory loss. The decision found no evidence linking these conditions to his military service.
- Remanded (sent back)
The Board has remanded the claims for bilateral hearing loss, migraine headaches, and PTSD due to additional development of records and examination.
- Granted
The Veteran's tinnitus is granted as service connected. The issues of foot disability and cardiovascular disorder are remanded for additional development.
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