The Veteran's claim for an effective date prior to July 18, 2013 for tinnitus was denied as there were no earlier claims filed.,Claims for cervical spine disability, lumbar spine disability, and left upper extremity radiculopathy were dismissed due to lack of appeal within one year of the assigned effective dates.,The Veteran's claim for an effective date prior to May 7, 2012 for bilateral knee osteoarthritis was also dismissed as there were no earlier claims filed.,Claims for service connection for a bilateral hearing loss disability, acquired psychiatric disorder (PTSD), pseudofolliculitis barbae, left shoulder disability, and left arm disability are remanded due to the need for additional evidence.,The Veteran's claim for an increased rating for lumbar spine disability is remanded as there may be outstanding VA treatment records that have not been associated with his claims file.,The Veteran's claim for an increased rating for cervical spine disability is also remanded, and a psychiatric examination is needed to determine the relationship between current psychiatric disorders and service.
The deciding factor: No earlier claims were filed for tinnitus prior to July 18, 2013.,The effective dates assigned in November 2012 and June 2013 decisions are final as there was no appeal within one year of the decision.,There were no earlier claims filed for bilateral knee osteoarthritis prior to May 7, 2012.,Additional VA treatment records may provide evidence necessary to substantiate the service connection claims.,The Veteran's lumbar spine disability and cervical spine disability are currently rated as noncompensable. Additional medical evidence is needed to determine if a higher rating is warranted.,VA treatment records indicate possible worsening of current psychiatric disorders, necessitating a contemporaneous examination.
- Claimed conditions
- tinnitus, bilateral knee osteoarthritis, cervical spine disability, lumbar spine disability, left upper extremity radiculopathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 27, 2019
- Citation
- 19189916
This is a plain-language summary generated by AI from a public Board of Veterans’ Appeals decision. It can contain errors — always verify against the original. Look up the original decision on VA.gov (opens in a new tab) using citation 19189916.
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.
- 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).
- 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.
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