The Board has remanded several issues for further development, including service connection claims and the reopening of a claim for tinnitus. The tobacco use disorder claim is denied as there is no evidence it is related to active service other than in-service cigarette smoking.
The deciding factor: The weight of evidence does not support a finding that the Veteran's current tobacco use disorder is related to active service other than in-service cigarette smoking.
- Claimed conditions
- tobacco use disorder, chronic otitis media, headache disorder, chronic fatigue syndrome, acquired psychiatric disorder other than tobacco use disorder (likely referring to PTSD, depressive disorder), skin disorder other than acne, irritable bowel syndrome, prostate disorder, kidney disorder, pharyngitis, gastroesophageal reflux disease (GERD), lumbar spine disorder, hemorrhoids
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 29, 2019
- Citation
- 19181803
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.
- Dismissed
The Veteran withdrew his appeals for service connection for gastroesophageal reflux disease (GERD) and pernicious anemia, and the Board dismissed both appeals.
- Partly granted
The Board granted service connection for asthma and remanded claims for insomnia and sleep apnea. Other conditions were denied.
- Denied
The Board denied service connection for multiple conditions, including bilateral hearing loss and various musculoskeletal issues, as well as an initial rating in excess of 0 percent for rhinitis. However, the Board granted a 70 percent rating for posttraumatic stress disorder (PTSD).
- Denied
The Board denied a rating in excess of 10 percent for gastroesophageal reflux disease (GERD) as the appellant does not have a documented history of recurrent or refractory esophageal stricture(s).
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