The Board has remanded the Veteran's claims for neck pain, lower back pain, right hip pain, bilateral hearing loss, tinnitus, and an acquired psychiatric disability (including PTSD) due to failure of the Veteran to report for VA examinations scheduled in October 2013 without good cause. The Veteran is entitled to rescheduling of these examinations.
The deciding factor: The Veteran failed to report for VA examinations scheduled in October 2013 without good cause, and the Board finds that good cause was shown due to deterioration of his mental health condition.
- Claimed conditions
- neck pain, lower back pain, right hip pain, bilateral hearing loss, tinnitus, an acquired psychiatric disability, to include PTSD
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 8, 2019
- Citation
- 19126735
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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