The Veteran's claim for an initial disability rating in excess of 10 percent for service-connected tinnitus is denied as the maximum schedular evaluation has already been assigned.,The request to establish an effective date prior to June 7, 2017 for the grant of service connection for tinnitus is denied due to lack of evidence indicating intent to file a claim before that date.,New and material evidence submitted by the Veteran does not relate to unestablished facts necessary to substantiate his claim for service connection for multiple sclerosis with balance problems, thus the request to reopen this claim is denied.,The Veteran's claim for service connection for erectile dysfunction is denied as there is no indication that it began during active service or is related to an in-service injury or disease.,The Veteran's claim for service connection for headaches is denied as there is no evidence indicating they began during active service or are related to an in-service injury or disease.,The Veteran's claim for service connection for sleep issues is denied as there is no indication that they began during active service or are related to an in-service injury or disease.,The Veteran's claim for service connection for bladder condition is denied as there is no indication that it began during active service or is related to an in-service injury or disease.
The deciding factor: The maximum schedular evaluation of 10 percent has already been assigned for the Veteran’s tinnitus, and a referral for extraschedular consideration is not warranted.,There is no evidence indicating that the Veteran had intent to file a claim for service connection prior to June 7, 2017, which is when his application was received. The effective date cannot be earlier than this date.,The submitted new and material evidence does not relate to unestablished facts necessary to substantiate the claim for service connection for multiple sclerosis with balance problems, such as an in-service event or disease that could have caused the condition.,There is no indication of a relationship between the Veteran's erectile dysfunction and his active service. The disability did not begin during service and there is insufficient evidence linking it to any in-service injury or disease.,The Veteran has provided no evidence indicating that his headaches began during active service or are related to an in-service injury or disease.,There is no indication of a relationship between the Veteran's sleep issues and his active service. The disability did not begin during service and there is insufficient evidence linking it to any in-service injury or disease.,The Veteran has provided no evidence indicating that his bladder condition began during active service or is related to an in-service injury or disease.
- Claimed conditions
- tinnitus, multiple sclerosis with balance problems, erectile dysfunction, headaches, sleep issues, bladder condition
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 4, 2019
- Citation
- 19177025
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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