The Board denied the Veteran's claim for service connection for tinnitus due to a lack of evidence showing it began during or was related to his military service. The decision also remanded the claims for left and right knee disabilities, as VA did not provide sufficient medical opinion regarding whether these conditions pre-existed service or were aggravated by service.
The deciding factor: The Board found that there is no probative evidence indicating a connection between the Veteran's tinnitus and his military service. For the knee issues, the Board noted that the prior VA examination did not address all theories of entitlement advanced by the Veteran (pre-existing condition vs. aggravation), and thus remanded for further clarification.
- Claimed conditions
- tinnitus, left knee disability, right knee disability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- June 20, 2019
- Citation
- 19148523
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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