The Veteran's notice of disagreement with the June 2010 rating decision denying service connection for a back disability was timely. The issue of entitlement to an earlier effective date for the grant of service connection for tinnitus is remanded.
The deciding factor: The claimant submitted a statement indicating disagreement with the June 2010 rating decision that granted service connection for tinnitus and awarded a 10 percent rating effective February 3, 2009. No statement of the case has been issued to address this claim.
- Claimed conditions
- Right ear hearing loss, Back disability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 26, 2019
- Citation
- 19132402
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.
- Partly granted
The Board granted an initial rating of 20 percent for right lower extremity (RLE) radiculopathy but remanded the back disability claim for further development.
- Partly granted
The Board granted a 20 percent rating for the Veteran's left knee strain, service connection for right ear hearing loss, and service connection for a right ankle disorder. Other claims were denied or remanded.
- Denied
The appeal for higher ratings and effective dates for various conditions was denied, with the exception of left and right lower extremity radiculopathy which were granted an earlier effective date.
- Denied
The Board denied service connection for various disabilities, including an acquired psychiatric disability, headaches, a back disability, heart disability, and residuals of a stroke, as the evidence did not support a finding that these conditions were related to the Veteran's active service or caused by his service-connected left ear disabilities.
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