The Veteran's claims for bilateral hearing loss and tinnitus are remanded due to inadequacies in the November 2013 VA examination report. The Board finds a new VA examination is necessary as there may be evidence of acoustic trauma or hazardous noise exposure that resulted in current hearing troubles.,The Veteran's claims for left and right lower extremity neuropathy are remanded due to inadequate consideration of his service connection theory, which includes presumed herbicide agent exposure. A VA examination is needed to determine the nature and etiology of any such neuropathy.,The Veteran's initial ratings for PTSD and unspecified depressive disorder are remanded as there may be additional relevant medical records that have not been obtained yet. The Board finds a new rating determination is necessary based on these records.,The Veteran's claim for TDIU is remanded due to the inextricably intertwined nature of his other claims, including those related to PTSD and depressive disorder.
The deciding factor: There are gaps in the evidence regarding the Veteran’s exposure to noise during service that could affect his hearing loss and tinnitus claims.,The Veteran's neuropathy may be linked to Agent Orange exposure or a delayed-onset condition. A VA examination is needed to determine its nature and etiology.,Additional medical records are necessary to fully assess the Veteran's PTSD and depressive disorder, which could impact his initial ratings.,The TDIU claim cannot be decided without understanding the full extent of the Veteran’s disabilities, including those related to his hearing loss, tinnitus, and neuropathy.
- Claimed conditions
- bilateral hearing loss, tinnitus, right lower extremity neuropathy, left lower extremity neuropathy
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 19, 2019
- Citation
- 19130766
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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