The Board has remanded several matters for further development and clarification, including the need to determine if the Veteran's non-service-connected disabilities render him helpless or near-helpless requiring regular aid and attendance. The issues of service connection for psychiatric and bowel disabilities, as well as reopening tinnitus claims, are also on hold until VA can properly develop the right toe ulcer and osteomyelitis claim.
The deciding factor: The Board is unable to make a determination without further clarification regarding the Veteran's non-service-connected conditions and their impact on his ability to require regular aid and attendance.
- Claimed conditions
- tinnitus, acquired psychiatric disability, bowel incontinence, right toe osteomyelitis
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 22, 2019
- Citation
- 19179867
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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