The Veteran's claims for service connection and increased ratings are being remanded due to the need for additional medical examinations.,There is no effective date prior to August 25, 2015, for the award of service connection for tinnitus.
The deciding factor: The Veteran has not provided sufficient evidence or argument to support a higher rating for his tinnitus beyond the maximum schedular evaluation.,There is no effective date prior to August 25, 2015, for the award of service connection for tinnitus.
- Claimed conditions
- tinnitus, gout, back condition, left ear hearing loss, Meniere’s disease, chronic obstructive pulmonary disease (COPD), sleep apnea, hypertension, hernia, mental health condition (depression/anxiety)
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- June 18, 2019
- Citation
- 19147386
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.
- Granted
The Board granted an effective date of October 21, 2021, for the grant of service connection for hypertension.
- Dismissed
The appeal for a compensable rating for left ear hearing loss, service connection for right ear hearing loss, and bilateral vision condition was dismissed. Service connection for hypertension, congestive heart failure, and coronary artery disease was denied.
- Denied
The Board denied service connection for various conditions, including prostate cancer and related disabilities, urinary incontinence, sleep apnea, hypertension, varicose veins, lumbar spine disability, hip arthritis, shoulder arthritis, ankle arthritis, knee strain, knee replacement, and hand arthritis. The only condition granted was a 10 percent rating for a fracture of the right proximal first metacarpal.
- 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.
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