The Veteran's appeal is remanded for further development on several issues, including service connection for various conditions and increased ratings.
The deciding factor: The Board found that the evidence did not meet the criteria for an effective date earlier than December 30, 2016 for tinnitus. The Veteran’s right eye posterior capsular opacification is currently rated at 30 percent, but there are no incapacitating episodes or visual impairment issues to warrant a higher rating.
- Claimed conditions
- tinnitus, right eye posterior capsular opacification, schizophrenia, right knee joint osteoarthritis, weakness and pain on right side of body, bilateral hearing loss
- How they argued it
- Secondary to another service-connected condition
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 17, 2019
- Citation
- 19179060
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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