The Veteran's appeal is being remanded due to the need for additional examinations and evaluations, as well as obtaining updated medical records. The issues of service connection for tinnitus, left knee pain, and ratings in excess of 10 percent for lumbar strain and right knee arthralgia are all under review.
The deciding factor: The VA is remanding the case due to deficiencies in the current examinations and evaluations that do not comply with established guidelines (Correia v. McDonald, Sharp v. Shulkin), as well as a lack of updated medical records.
- Claimed conditions
- tinnitus, left knee pain, lumbar strain, right knee arthralgia
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 7, 2019
- Citation
- 19101467
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.
- Denied
The Board denied increased ratings for the Veteran's lumbar spine pain, allergic rhinitis, and recurrent yeast infections. The claims for service connection for generalized anxiety disorder with alcohol use disorder and left knee pain were remanded.
- 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.
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