An initial disability rating greater than 10 percent for tinnitus is denied.,The claims of entitlement to service connection for lumbar spine disability, left knee disability, right knee disability, hearing loss, sleep apnea, anemia, bilateral hand/arm disability (claimed as carpal tunnel syndrome), and an acquired psychiatric disorder are remanded.,The claim of entitlement to service connection for left knee disability is remanded.,The claim of entitlement to service connection for right knee disability is remanded.,The claim of entitlement to service connection for hearing loss is remanded.,The claim of entitlement to service connection for sleep apnea is remanded.,The claim of entitlement to service connection for anemia is remanded.,The claim of entitlement to service connection for bilateral hand/arm disability (claimed as carpal tunnel syndrome) is remanded.,The claim of entitlement to service connection for an acquired psychiatric disorder is remanded.
The deciding factor: There is no legal basis for the assignment of a schedular evaluation in excess of 10 percent for tinnitus. The currently assigned 10 percent disability rating is the highest rating assignable under DC 6260.,The claims are remanded as there are outstanding treatment records and VA medical opinions are needed to determine if the disabilities had their onset during service or are otherwise related to service.,VA knee and spine examinations in February 2015 did not diagnose a right knee disability, but the Veteran has recent treatment for right knee symptoms. Additional VA medical opinion is needed regarding whether the Veteran currently has a right knee disability and if it is related to service.,The Veteran was treated for bilateral hand pain and reported that she had been diagnosed with carpal tunnel syndrome. No VA examination was provided for this issue, so an additional VA medical opinion is needed.,VA treatment records show trouble sleeping in service and a diagnosis of sleep apnea as early as December 2016. A VA medical opinion is needed to determine if the Veteran’s sleep apnea had its onset during service or is otherwise related to service.,The Veteran reported symptoms such as depression, anxiety, and nightmares relating to her in-service sexual assault. No VA examination was provided for this issue, so an additional VA medical opinion is needed regarding whether the Veteran's psychiatric disorders had their onset during service or are otherwise related to service.,VA treatment records show the Veteran reported joint pain in both hands, both knees, and her lower back. A VA medical opinion is needed to determine if any hand/arm, knee, or back disability had its onset during service or is otherwise related to service.,The Veteran reported symptoms such as flashbacks and nightmares relating to her in-service sexual assault. No VA examination was provided for this issue, so an additional VA medical opinion is needed regarding whether the Veteran's psychiatric disorders had their onset during service or are otherwise related to service.,VA treatment records show the Veteran reported joint pain in both hands, both knees, and her lower back. A VA medical opinion is needed to determine if any hand/arm, knee, or back disability had its onset during service or is otherwise related to service.
- Claimed conditions
- tinnitus, lumbar spine disability, left knee disability, right knee disability, hearing loss, sleep apnea, anemia, bilateral hand/arm disability (claimed as carpal tunnel syndrome), acquired psychiatric disorder (claimed as posttraumatic stress disorder (PTSD), anxiety, insomnia)
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- June 20, 2019
- Citation
- 19148399
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 an acquired psychiatric disorder to ensure a proper examination and etiology opinion are provided.
- 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.
- 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).
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