This decision remands several issues related to the Veteran's service-connected disabilities. The Veteran is not entitled to an increased evaluation for tinnitus, a post-operative scar on his right knee, or bilateral hearing loss. He also has pending claims regarding ischemic heart disease and PTSD that are currently under review.,PTSD was reopened in July 2013, but the Veteran does not meet the criteria for an initial compensable evaluation for bilateral hearing loss.
The deciding factor: The evidence did not support a higher rating for any of the service-connected conditions. The claims regarding ischemic heart disease and PTSD are pending.
- Claimed conditions
- tinnitus, post-operative popliteal area scar of the right knee, ischemic heart disease, bilateral hearing loss, unspecified anxiety disorder and depressive disorder, neck and back disorder, left knee disorder, bilateral hip disorder, respiratory disorder, artery disorder, skin disorder, sleep disorder, posttraumatic stress disorder (PTSD)
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- June 27, 2019
- Citation
- 19150316
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 Veteran was granted a 70 percent initial disability rating for PTSD effective December 2, 2021, but the claim for an increased rating in excess of 70 percent was denied. The appeal also included claims for service connection and ratings for various conditions, some of which were granted while others were remanded.
- 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.
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