The appeal for SMC for the loss of use of a creative organ is dismissed.,Issues of service connection for bilateral hearing loss and tinnitus are remanded due to new evidence submitted by the Veteran and post-service noise exposure history.,Service connection for a heart condition, to include as secondary to herbicide agent exposure, is remanded due to pending VA treatment records related to his upcoming cardiology appointment.,Service connection for an acquired psychiatric disorder is remanded due to potential current psychiatric disability not previously diagnosed.,Rating in excess of 30 percent for neurodermatitis is remanded due to unclear use of corticosteroid medications.
The deciding factor: The Veteran withdrew his appeal for SMC for the loss of use of a creative organ at the January 2019 hearing.,New evidence submitted by the Veteran and post-service noise exposure history support the need for remand on issues of service connection for bilateral hearing loss and tinnitus.,Pending VA treatment records related to his upcoming cardiology appointment necessitate remand on service connection for a heart condition, to include as secondary to herbicide agent exposure.,Potential current psychiatric disability not previously diagnosed requires remand on service connection for an acquired psychiatric disorder.,Unclear use of corticosteroid medications necessitates remand on rating in excess of 30 percent for neurodermatitis.
- Claimed conditions
- bilateral hearing loss, tinnitus, heart condition (including as secondary to herbicide agent exposure), acquired psychiatric disorder
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- June 5, 2019
- Citation
- 19143348
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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