The Veteran's tinnitus is remanded for a new VA examination to determine if it is related to in-service noise exposure from military vehicles.,The Veteran's skin disability, including psoriasis and skin cancer, is remanded for a VA examination to determine if it is related to in-service herbicide agent exposure or other service-connected conditions.,The Veteran's acquired psychiatric disorder, including PTSD, is remanded for a VA examination to determine if it is related to in-service stressors or his service-connected skin disability.
The deciding factor: The April 2013 VA examination report was inadequate as it did not address the lay statements of the Veteran regarding military noise exposure.,There are no presumptive conditions for herbicide agent exposure, but the Veteran is not precluded from establishing service connection on a direct basis. Therefore, remand is necessary to obtain an addendum opinion and VA treatment records.,The last VA examination was under DSM-IV, which does not apply after August 4, 2014. A new examination pursuant to DSM-5 is necessary.
- Claimed conditions
- tinnitus, psoriasis, skin cancer, an acquired psychiatric disorder (including PTSD)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 7, 2019
- Citation
- 19177211
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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