The Board has remanded the case for further development, including obtaining an addendum opinion regarding whether the Veteran's right ankle disability is related to his military service. The claim for tinnitus remains denied as there is no nexus between the condition and service. The claim for a right ankle disability was reopened due to new evidence but the issue of service connection remains pending.
The deciding factor: The addendum opinion must address whether the Veteran's current disabilities, including arthritis of the ankle, are related to his military service, specifically the documented in-service injury in June 1977 and any continuity of symptoms since then.
- Claimed conditions
- tinnitus, right ankle disability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 5, 2019
- Citation
- 19183097
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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