The Veteran's claim for an effective date prior to March 20, 2014 for the grant of service connection for tinnitus has been denied.,The Veteran's appeal for a higher rating for tinnitus is also denied as his current disability picture does not warrant a higher evaluation under any diagnostic code.,The Board has remanded the claims for service connection for a back disorder, an acquired psychiatric disorder (major depressive disorder), a sleep disorder, and hypertension due to insufficient evidence or conflicting opinions in the record.,For the back disorder claim, additional medical opinion is needed regarding whether the Veteran's pre-existing condition was aggravated by military service.,For the major depressive disorder claim, additional medical opinion is needed regarding whether it was incurred in service and/or aggravated by tension headaches and tinnitus.
The deciding factor: The effective date for the grant of service connection for tinnitus cannot be prior to March 20, 2014 as there is no evidence of a claim being filed before that date.,A higher rating for tinnitus under any diagnostic code does not apply due to the Veteran's current disability picture and the maximum schedular evaluation already assigned.,The claims for service connection are remanded because insufficient evidence or conflicting opinions exist in the record regarding the nature and etiology of these conditions.,For the back disorder, additional medical opinion is needed as there is no clear and unmistakable evidence that it preexisted military service and was not aggravated by active-duty service.,For the major depressive disorder, additional medical opinion is needed to determine whether it was incurred in service or aggravated by tension headaches and tinnitus.
- Claimed conditions
- tinnitus, back disorder, acquired psychiatric disorder (major depressive disorder), obstructive sleep apnea, hypertension
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- May 16, 2019
- Citation
- 19138117
Veterans Law Judge
Decisions by this judge: 2,977 · Granted: 27% (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 19138117.
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 has remanded the case due to the need for additional development, including obtaining SSA records and providing proper notice regarding secondary service connection.
- Remanded (sent back)
The Board has remanded the claims for service connection for hypertension and peripheral neuropathy of the bilateral upper and lower extremities due to insufficient medical opinions regarding their etiology.
- Remanded (sent back)
The Board has remanded the claims for service connection for hearing loss, tinnitus, and an acquired psychiatric disorder due to incomplete medical records and need for further examination.
- Denied
The Board denied the Veteran's claims for service connection for tinnitus, arthritis, and memory loss. The decision found no evidence linking these conditions to his military 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.