The Veteran's tinnitus claim is granted as it is at least as likely as not that the condition began in service and has persisted since.,The Veteran's kidney cancer claim is denied because there is no evidence of a disease or injury in service, nor any indication that the condition manifested within one year of separation from service.,The Veteran's bilateral hearing loss claim is remanded due to the possibility of delayed onset tinnitus and insufficient rationale for the November 2016 VA examiner’s opinion.,The Veteran's left knee disability claim is remanded as there are no medical opinions regarding a nexus between in-service complaints and current disabilities.,The Veteran's right knee disability claim is remanded due to lack of medical evidence linking current disabilities to service.,The Veteran's fibromyalgia claim is remanded because the record does not contain sufficient information to make a decision on the claim.,The Veteran's diabetes mellitus, type II, and ischemic heart disease claims are both remanded as there is no verification of herbicide agent exposure in service.,The Veteran's respiratory disability claim is remanded due to potential secondary service connection for coronary artery disease.
The deciding factor: Service connection can be granted on a direct basis if the evidence shows a current disability was incurred during active duty. The Veteran has provided credible lay reports of tinnitus in service and since separation, which supports his claim.,The chronic disease presumption does not apply as kidney cancer did not manifest within one year of separation from service. There is no evidence linking the condition to service.,There are insufficient medical opinions regarding delayed onset hearing loss and the November 2016 VA examiner's opinion was limited in its rationale, thus a new examination is needed.,The Veteran has provided credible lay reports of knee disabilities since service but lacks medical evidence connecting current disabilities to service. A remand for an examination is necessary.,There are no medical opinions linking the Veteran’s fibromyalgia to service and the claim must be remanded due to insufficient information in the record.,The Veteran has provided credible lay reports of diabetes and ischemic heart disease but there is no verification of herbicide agent exposure. The claims for these conditions must be remanded.,There are no medical opinions linking the Veteran's respiratory disability to service, thus a remand for an examination is necessary.
- Claimed conditions
- tinnitus, kidney cancer, bilateral hearing loss, left knee disability, right knee disability, fibromyalgia, diabetes mellitus, type II, ischemic heart disease
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 14, 2020
- Citation
- 20066585
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.
- Partly granted
The Board granted service connection for scarring, right orchiopexy and remanded the claim of asbestos exposure residuals. Other claims for service connection were denied.
- 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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