The Board has determined that the effective date for the grant of a separate 10 percent rating for cranial nerve VII due to Frey Syndrome should not be earlier than March 2, 2015. The remaining issues have been remanded for further development and consideration.
The deciding factor: There is no factually ascertainable evidence showing an increase in the service-connected disability prior to March 2, 2015.
- Claimed conditions
- Frey Syndrome, Bilateral Hearing Loss, Tinnitus, Sleep Apnea (claimed as fatigue), Degenerative Disc Disease of the Lumbar Spine, Degenerative Joint Disease of the Right Knee, Left Knee Disability, Headaches, Hypertension, Acquired Psychiatric Disorder (Depression), Chronic Obstructive Pulmonary Disease (COPD), Vocal Cord Disability, Parotidectomy Residuals
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- June 4, 2019
- Citation
- 19143157
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 service connection for obstructive sleep apnea, left knee disability, and right knee disability. The claims for urinary frequency disability and residuals of a cholecystectomy were denied.
- Remanded (sent back)
The Board remands the claims for service connection for diabetes mellitus type II and hypertension, to include as secondary to left orchiectomy, for further development in accordance with the PACT Act.
- Granted
The Board granted service connection for bilateral hearing loss and tinnitus, finding that the Veteran's conditions are related to in-service noise exposure.
- Denied
The Board denied the veteran's claims for a compensable rating for bilateral hearing loss, an initial rating in excess of 50 percent for PTSD, entitlement to TDIU, and SMC based on housebound status.
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