The Board has determined that additional evidence is needed to properly adjudicate the Veteran's claims for service connection for a left leg disorder, bilateral hearing loss, and tinnitus. Specifically, VA needs to obtain updated service treatment records and conduct further examinations to determine if these conditions are related to military service.
The deciding factor: The Board found that there were gaps in the record regarding the dates of the Veteran's periods of active duty training (ACDUTRA) and inactive duty training (INACDUTRA), as well as missing service treatment records. The Board also noted that the VA examinations did not adequately consider all relevant evidence, including the Veteran's lay statements about his symptoms.
- Claimed conditions
- left leg disorder, bilateral hearing loss, tinnitus
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 18, 2019
- Citation
- 19130503
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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