The Veteran's bilateral hearing loss and tinnitus are found to be related to in-service noise exposure.,The Veteran's acquired psychiatric condition (including post-traumatic stress disorder) is found to be related to in-service stressors.,There is no current diagnosis of vertigo, so the claim must be denied.,The right shoulder disability and hepatitis C are not service-connected due to lack of evidence indicating a connection to service.,Headaches are not service-connected as there is no indication that they were aggravated by service.
The deciding factor: Service connection for bilateral hearing loss and tinnitus was granted based on the Veteran's in-service noise exposure and credible lay statements.,Service connection for an acquired psychiatric condition (including post-traumatic stress disorder) was granted based on a link between current symptoms and in-service stressors, including witnessing sexual assault and getting into a fight.,There is no current diagnosis of vertigo, so the claim must be denied.,The right shoulder disability and hepatitis C were not service-connected as there is no evidence indicating a connection to service. The Veteran's assertions regarding these conditions are considered insufficient to establish a nexus with service.,Service connection for headaches was denied because there is no indication that they were aggravated by service.
- Claimed conditions
- bilateral hearing loss, tinnitus, acquired psychiatric condition (including post-traumatic stress disorder), vertigo, right shoulder disability, hepatitis C, headaches
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 8, 2019
- Citation
- 19177129
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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