The Veteran's tinnitus claim is denied as there is no evidence of in-service noise exposure and the current condition does not meet the criteria for service connection.,Service connection for a left shoulder disability is denied due to lack of medical documentation or diagnosis.,A higher rating for right shoulder disability remains remanded, as the Veteran's symptoms do not warrant a 20% rating.,The effective dates for several disabilities are also remanded as they were not established before November 29, 2012.,Service connection for lumbosacral spine spondylosis (spine disability), left knee degenerative patellar spurring with effusion and arthralgias (left knee disability), right knee degenerative patellar spurring with effusion and arthralgias (right knee disability), left hip degenerative osteoarthritis with arthralgias (left hip disability), and right hip degenerative osteoarthritis with arthralgias (right hip disability) are all remanded.,Service connection for depression is also remanded as the Veteran's claim was not filed before March 20, 2014.
The deciding factor: The evidence does not support a finding of noise exposure during service and there is no current diagnosis or documentation of tinnitus. The Veteran’s lay statements are outweighed by the lack of in-service complaints or treatment for tinnitus.,There is no medical documentation or diagnosis of a left shoulder disability, despite the Veteran's claim. The VA examination report found no evidence of an injury or condition related to service.,The current symptoms do not warrant a 20% rating as there are no additional functional limitations beyond what is already accounted for in the existing 10% rating.,The effective dates were established after November 29, 2012, and need to be reconsidered based on the earliest claims filed before that date.,There is insufficient evidence to establish service connection for these disabilities as they are not linked to service or a pre-existing condition. The Veteran's lay statements do not provide credible support for his claims.,The effective dates were established after March 20, 2014, and need to be reconsidered based on the earliest claims filed before that date.
- Claimed conditions
- bilateral tinnitus, left shoulder disability, lumbosacral spine spondylosis (spine disability), left knee degenerative patellar spurring with effusion and arthralgias (left knee disability), right knee degenerative patellar spurring with effusion and arthralgias (right knee disability), left hip degenerative osteoarthritis with arthralgias (left hip disability), right hip degenerative osteoarthritis with arthralgias (right hip disability)
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 5, 2019
- Citation
- 19125195
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 service connection for multiple conditions, including bilateral hearing loss and various musculoskeletal issues, as well as an initial rating in excess of 0 percent for rhinitis. However, the Board granted a 70 percent rating for posttraumatic stress disorder (PTSD).
- Partly granted
The Board granted service connection for tinnitus and a right hip disability, and granted a 30 percent rating for ureterolithiasis. The claim for an increased rating for PTSD was denied, while other claims were remanded.
- Partly granted
The Board denied service connection for various musculoskeletal conditions of the left and right hands, shoulders, elbows, wrists, knees, ankles, and foot, but granted service connection for a right knee disability and fibromyalgia. The decision was based on medical evidence that did not support a link between these conditions and the Veteran's military service.
- Remanded (sent back)
The Board remands the claims for service connection for a right elbow disability, left hand disability, and left shoulder disability to obtain additional medical opinions regarding the etiology of these conditions in relation to the Veteran's reported in-service injuries.
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