The Board has determined that the Veteran's appeals of his service connection claims for tinnitus, back disability, left knee disability, and right knee disability remain pending. The AOJ is required to reissue the March 2018 SOCs to the Veteran and schedule him for new examinations regarding these claims.
The deciding factor: The Board finds that the Veteran's appeals of his service connection claims for tinnitus, back disability, left knee disability, and right knee disability remain pending due to the AOJ's failure to issue a proper SOC. The Board also notes that the May 2017 VA examiner did not consider the July 1964 motor vehicle accident in their nexus opinions.
- Claimed conditions
- tinnitus, back disability, left knee disability, right knee disability
- How they argued it
- Secondary to another service-connected condition
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 15, 2019
- Citation
- 19128962
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 issue of entitlement to service connection for a back disability due to a duty to assist error, specifically regarding VA's failure to provide the Veteran with a VA examination prior to the rating decision.
- 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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