The Board has granted service connection for tinnitus and remanded the issues of service connection for bilateral hearing loss, a back disability, a respiratory disability, right knee osteoarthritis, and left knee osteoarthritis. The claims are being returned to VA for further development.
The deciding factor: The Veteran's lay testimony provided sufficient evidence to grant service connection for tinnitus due to his reported in-service noise exposure. However, the issues of bilateral hearing loss, back disability, respiratory disability, right and left knee osteoarthritis require additional medical examination and review of records to determine their etiology.
- Claimed conditions
- tinnitus, bilateral hearing loss, back disability, respiratory disability, right knee osteoarthritis, left knee osteoarthritis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 16, 2020
- Citation
- 20004161
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 issue of entitlement to service connection for a back disability due to a duty to assist error, specifically regarding VA's failure to provide the Veteran with a VA examination prior to the rating decision.
- 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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