The Veteran's claim for a higher initial evaluation for bilateral tinnitus has been denied as the maximum schedular rating of 10 percent is already assigned.,Service connection for cervical spine disability, lumbar spine disability, right upper extremity (RUE) disability, left lower extremity (LLE) radiculopathy, and right lower extremity (RLE) radiculopathy are remanded due to conflicting medical opinions regarding their etiology.,The Veteran's claim for a TDIU is also remanded as it may be affected by the outcome of his service connection claims.
The deciding factor: There is no basis upon which to award an evaluation in excess of 10 percent for bilateral tinnitus, as the maximum schedular rating has already been assigned.,The conflicting medical opinions regarding the etiology of the Veteran's cervical spine disability, lumbar spine disability, RUE disability, LLE radiculopathy, and RLE radiculopathy require further clarification to determine their relationship with his active duty service.,The TDIU claim is remanded as it may be affected by the outcome of the service connection claims.
- Claimed conditions
- bilateral tinnitus, cervical spine disability, lumbar spine disability, right upper extremity (RUE) disability, left lower extremity (LLE) radiculopathy, right lower extremity (RLE) radiculopathy
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- May 9, 2019
- Citation
- 19136145
Veterans Law Judge
Decisions by this judge: 2,240 · Granted: 28% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
This is a plain-language summary generated by AI from a public Board of Veterans’ Appeals decision. It can contain errors — always verify against the original. Look up the original decision on VA.gov (opens in a new tab) using citation 19136145.
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.
- Denied
The Board denied the claims of service connection for cervical spine and skin rash disabilities, finding that there is no evidence linking these conditions to active military service.
- Granted
The Board has granted service connection for a lumbar spine disability, left lower extremity radiculopathy, and right lower extremity radiculopathy as secondary to the Veteran's service-connected lumbar spine disability.
- Remanded (sent back)
The Board has decided to remand the claims for miscarriage, cervical spine disability, lumbar spine disability, and right elbow disability due to insufficient examination opinions and incomplete service history verification.
- Remanded (sent back)
The Board has remanded the claims for service connection for left toe amputation, triple bypass surgery, blockage in legs, and bilateral tinnitus due to procedural errors and the need for additional medical opinions regarding potential exposure to toxins during service.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.