The Veteran's initial claim for an increased evaluation for tinnitus was denied, as he is already receiving the maximum schedular rating.,An initial evaluation of 50 percent for depressive disorder was granted, subject to controlling regulations applicable to the payment of monetary benefits. The Veteran’s depressive disorder symptoms include depressed mood, anxiety, chronic sleep impairment, mild memory loss, disturbances of motivation and mood, impaired judgment, and panic attacks more than once a week.,The Veteran's claim for an evaluation in excess of 10 percent for degenerative joint disease of the left knee was remanded. The condition manifests with painful motion and flexion better than 45 degrees.
The deciding factor: The maximum schedular rating (10%) has been awarded for tinnitus, as it is already at its highest level.,The Veteran's depressive disorder symptoms meet the criteria for a 50% evaluation based on occupational and social impairment with reduced reliability and productivity.,The Veteran’s degenerative joint disease of left knee does not warrant an evaluation in excess of 10%, given his remaining functional flexion better than 45 degrees.
- Claimed conditions
- tinnitus, depressive disorder, degenerative joint disease of left knee
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 21, 2019
- Citation
- 19187372
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.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.