The Veteran's bilateral hearing loss is rated at noncompensable (0%) and tinnitus is rated at 10%.,The residuals of a right inguinal hernia are rated at noncompensable (0%).,The scar from the right inguinal hernia surgery is rated at noncompensable (0%).,All three issues have been remanded for further evaluation.
The deciding factor: The Veteran's hearing loss and tinnitus do not meet the criteria for a higher rating under the applicable diagnostic codes.,The residuals of the right inguinal hernia are rated at noncompensable (0%) as there is no evidence of recurrent or well-supported hernia.,The scar from the right inguinal hernia surgery does not meet the criteria for a higher rating as it is not deep and nonlinear, nor does it cover an area greater than 144 square inches.
- Claimed conditions
- bilateral hearing loss, tinnitus, residuals of right inguinal hernia, scar from right inguinal hernia surgery
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 25, 2019
- Citation
- 19132366
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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