The Veteran's application to reopen the claim for service connection for a lumbosacral strain with DDD was denied. The application to reopen the claim for tinnitus was granted, and the Veteran is now entitled to service connection for tinnitus. The rating for his right and left knee disabilities remains remanded.
The deciding factor: The decision on reopening of claims for lumbosacral strain with DDD was based on lack of new and material evidence, while the decision on reopening of claim for tinnitus was granted due to credible assertions by the Veteran regarding onset in service. The rating for knee disabilities is remanded as per Correia v. McDonald.
- Claimed conditions
- lumbosacral strain with degenerative disc disease (DDD), tinnitus
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 29, 2020
- Citation
- 20006852
What this means for you
A partial grant means some issues were granted while others were denied or remanded — common in multi-issue claims. Look at which issues went which way, and how each was argued.
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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