The Veteran's appeal for an initial rating greater than 10 percent for tinnitus has been denied as the maximum schedular rating of 10 percent is already assigned.,The Veteran's appeals for increased ratings for limitation of flexion of the right forearm and cubital tunnel syndrome, right have been remanded due to outstanding treatment records.,The Veteran's appeal for service connection for a respiratory disorder (pulmonary fibrosis) has been remanded as there is no diagnosis provided in the record.,The Veteran's appeals for service connection for sleep apnea and left elbow disability have been remanded due to outstanding treatment records.,The Veteran's appeal for an effective date earlier than November 10, 2014, for the assignment of a 40 percent rating for cubital tunnel syndrome, right has been remanded as there are outstanding treatment records.,The Veteran's appeals for service connection for migraine headaches have been remanded due to outstanding treatment records.
The deciding factor: The maximum schedular rating of 10 percent is already assigned for tinnitus under Diagnostic Code 6260, and a higher rating is not legally possible.,Outstanding VA and private treatment records are needed to determine the appropriate ratings for limitation of flexion of the right forearm and cubital tunnel syndrome, right.,There is no diagnosis provided in the record for pulmonary fibrosis, and thus service connection cannot be established.,Outstanding VA and private treatment records are needed to establish service connection for sleep apnea and left elbow disability.,Outstanding VA and private treatment records are needed to determine the appropriate effective date for a 40 percent rating for cubital tunnel syndrome, right.,Outstanding VA and private treatment records are needed to establish service connection for migraine headaches.
- Claimed conditions
- tinnitus, left wrist/forearm nerve disability (claimed as left cubital tunnel and left carpal tunnel syndrome), pulmonary fibrosis, sleep apnea, left elbow disability, migraine headaches
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 12, 2019
- Citation
- 19193076
Veterans Law Judge
Decisions by this judge: 2,092 · Granted: 42% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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 19193076.
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 has remanded the claims for service connection for hearing loss, tinnitus, and an acquired psychiatric disorder due to incomplete medical records and need for further examination.
- Denied
The Board denied the Veteran's claims for service connection for tinnitus, arthritis, and memory loss. The decision found no evidence linking these conditions to his military service.
- Remanded (sent back)
The Board has remanded the claims for bilateral hearing loss, migraine headaches, and PTSD due to additional development of records and examination.
- Granted
The Veteran's tinnitus is granted as service connected. The issues of foot disability and cardiovascular disorder are remanded for additional development.
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