The Board has denied service connection for bilateral hearing loss and tinnitus, finding that the Veteran does not have a current disability as defined by VA regulations.,Service connection for a left knee condition (cervical strain) is remanded due to incomplete medical records and lack of discussion regarding in-service injuries.
The deciding factor: The preponderance of evidence is against a finding that the Veteran has bilateral hearing loss or tinnitus as defined by VA regulations.,There are no post-service treatment records for tinnitus, and the one-year presumption for tinnitus under 38 C.F.R. §§ 3.307 and 3.309 is not helpful.
- Claimed conditions
- bilateral hearing loss, tinnitus, left knee condition (cervical strain)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 8, 2019
- Citation
- 19101305
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 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.
- Granted
The Board granted an effective date of April 25, 2022, for the award of service connection for tinnitus and a 100 percent initial rating for PTSD with alcohol use disorder.
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