The Board has denied service connection for bilateral hearing loss and tinnitus, as well as left and right upper extremity disabilities. Service connection for lumbosacral strain and degenerative arthritis of the spine is remanded due to insufficient evidence regarding aggravation.
The deciding factor: The VA contract examiner found that the Veteran's back disability was aggravated by his military service, but this opinion is inadequate as it does not address whether the pre-existing condition worsened during service. The Board therefore finds that a new examination and opinion are needed to determine if the Veteran’s pre-existing back injury was permanently worsened beyond its natural progression.
- Claimed conditions
- bilateral hearing loss, tinnitus, left upper extremity disability, right upper extremity disability, lumbosacral strain and degenerative arthritis of the spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 3, 2020
- Citation
- A20017935
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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