The Board has denied the Veteran's claims for service connection for a back disability, bilateral sensorineural hearing loss disability, tinnitus, and impotence claimed as erectile dysfunction due to lack of current diagnoses. The claim for an acquired psychiatric disability is remanded due to a duty to assist error.
The deciding factor: The pre-decisional duty to assist error in the case of the Veteran's acquired psychiatric disability requires that relevant mental health treatment records be obtained and reviewed, including those from JPH from 1979 to the present. The Board also notes that service connection for a back disability, bilateral sensorineural hearing loss disability, tinnitus, or impotence claimed as erectile dysfunction must fail due to lack of current diagnoses.
- Claimed conditions
- back disability, bilateral sensorineural hearing loss disability, tinnitus, impotence claimed as erectile dysfunction, acquired psychiatric disability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 22, 2020
- Citation
- A20015887
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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