The appeal of the rating for tinnitus is dismissed. The left elbow disability rating has been restored, but the Veteran's claim for service connection for residuals from cholera and chronic diarrhea remains pending as new evidence may warrant reopening.
The deciding factor: The Veteran withdrew his increased rating claim for tinnitus and the reduction of his left elbow disability rating was improper due to lack of improvement under ordinary conditions of life. The service connection claim for residuals from cholera and chronic diarrhea is still pending, with a possibility that new evidence could reopen it.
- Claimed conditions
- tinnitus, left elbow disability, cholera and chronic diarrhea
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 16, 2019
- Citation
- 19194129
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 19194129.
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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