The Veteran's tinnitus is currently rated at 10 percent, and a higher rating on an extraschedular basis is denied.,For the period from March 7, 2012, to November 30, 2017, his acquired psychiatric disability was evaluated at 50 percent. The Board found that this level of impairment did not meet or exceed the criteria for a higher evaluation (such as 70% or 100%) and thus denied an increased rating.,The Veteran's arthritis conditions are remanded for further review, as is his claim for service connection for diabetes mellitus.
The deciding factor: The current schedular evaluations adequately reflect the severity of the Veteran’s tinnitus and psychiatric disability. The criteria do not contemplate the level of impairment caused by these disabilities.,The Veteran's acquired psychiatric disability did not meet or exceed the criteria for a higher evaluation (such as 70% or 100%) during the period from March 7, 2012, to November 30, 2017. The symptoms described were consistent with those contemplated by the current rating.,The arthritis conditions and diabetes mellitus claim are remanded because further review is needed to determine if service connection can be established.
- Claimed conditions
- tinnitus, acquired psychiatric disability (likely referring to PTSD or another anxiety/depression-related condition), arthritis in left hand, right hand, left hip, right hip, left knee, and right knee, a sleep disability, hypertension, skin disability (referred to as a skin disability but not further specified), diabetes mellitus
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 17, 2019
- Citation
- 19129908
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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