The Veteran's tinnitus was granted service connection as it began during his active duty and has continued since.,Service connection for the low back disability is denied due to lack of evidence showing a chronic condition in service or continuity of symptomatology.
The deciding factor: The Board found that there was no credible evidence linking the Veteran's current back disability to his active service, as he did not report any history of back pain until years after separation.
- Claimed conditions
- tinnitus, low back disability, heart condition, right lower extremity peripheral neuropathy, left lower extremity peripheral neuropathy, diabetes mellitus, type II
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 31, 2020
- Citation
- 20008262
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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