The Board is remanding the claims for bilateral hearing loss, tinnitus, left knee instability, right knee disorder, herpes simplex, and various hip conditions. The Veteran has submitted new evidence that needs to be reviewed by the AOJ.
The deciding factor: New evidence was submitted by the Veteran which requires further review before a decision can be made on these claims.
- Claimed conditions
- bilateral hearing loss, tinnitus, left knee instability, right knee disorder, herpes simplex, left hip bursitis, limitation of flexion (January 27, 2014 to March 31, 2015), left hip bursitis, limitation of extension (January 27, 2014 to March 31, 2015), left hip bursitis, limitation of abduction (January 27, 2014 to March 31, 2015), status post total left hip replacement (June 1, 2016 to present), left knee strain with chondromalacia, major depressive disorder
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 4, 2019
- Citation
- 19100865
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 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.
- Dismissed
The claim for an earlier effective date for service connection for major depressive disorder is dismissed as moot because the earliest effective date was granted during the pendency of this appeal.
- 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 tinnitus, cubital tunnel syndrome, right plantar fasciitis, and a right knee disability due to the lack of evidence supporting a nexus between these conditions and the Veteran's military service.
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