The Veteran's claim for an earlier effective date for tinnitus service connection is denied.,The Veteran's claim for an earlier effective date for a right eye glaucoma rating is denied.,The Veteran's claim for service connection for GERD is denied.,The Veteran's claim for service connection for hypertension is denied.,The Veteran's claim for service connection for residuals of prostate cancer is denied.,The Veteran's claims for increased ratings for tinnitus and right eye glaucoma are remanded.
The deciding factor: There is no evidence showing the earliest possible effective date prior to May 14, 2012, for service connection of tinnitus. The claim must be denied as a matter of law.,The Veteran's right eye glaucoma rating was assigned based on medical records indicating continuous use of medication after December 10, 2008, and the earliest possible effective date is October 14, 2010.,There is no evidence showing that GERD resulted from service or a disease incurred in service. The claim must be denied as a matter of law.,The Veteran's hypertension was not shown to have been caused by service or a disease incurred in service. The claim must be denied as a matter of law.,The residuals of prostate cancer were not shown to have resulted from service or a disease incurred in service. The claim must be denied as a matter of law.
- Claimed conditions
- tinnitus, bilateral hearing loss, GERD (Gastroesophageal Reflux Disease), hypertension, residuals of prostate cancer
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 29, 2019
- Citation
- 19106692
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.
- Granted
The Board granted an effective date of October 21, 2021, for the grant of service connection for hypertension.
- Dismissed
The appeal for a compensable rating for left ear hearing loss, service connection for right ear hearing loss, and bilateral vision condition was dismissed. Service connection for hypertension, congestive heart failure, and coronary artery disease was denied.
- Denied
The Board denied service connection for various conditions, including prostate cancer and related disabilities, urinary incontinence, sleep apnea, hypertension, varicose veins, lumbar spine disability, hip arthritis, shoulder arthritis, ankle arthritis, knee strain, knee replacement, and hand arthritis. The only condition granted was a 10 percent rating for a fracture of the right proximal first metacarpal.
- 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.
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