The Veteran's claim for an earlier effective date for tinnitus has been denied as the September 15, 2014, formal claim is considered the appropriate date of claim.,The Veteran's request to reopen his claims for service connection for sleep apnea and depression have been granted due to the submission of new evidence that relates to a previously unestablished fact necessary to substantiate these claims.
The deciding factor: The effective date cannot be earlier than September 15, 2014, as this is when the Veteran filed his formal claim for service connection.,New and material evidence has been submitted that relates to a previously unestablished fact (a current diagnosis of depression) necessary to substantiate the claims.
- Claimed conditions
- tinnitus, sleep apnea, depression
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 7, 2019
- Citation
- 19184579
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 an acquired psychiatric disorder to ensure a proper examination and etiology opinion are provided.
- Denied
The Board denied service connection for various conditions, including prostate cancer and related disabilities, urinary incontinence, sleep apnea, hypertension, varicose veins, lumbar spine disability, hip arthritis, shoulder arthritis, ankle arthritis, knee strain, knee replacement, and hand arthritis. The only condition granted was a 10 percent rating for a fracture of the right proximal first metacarpal.
- 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).
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