The Veteran's tinnitus is granted as service connected.,The Veteran's bilateral hearing loss and acquired psychiatric disorder to include PTSD, adjustment disorder, anxiety, and depression are remanded for further examination and opinion.,The Veteran's sleep apnea is remanded for further examination and opinion.
The deciding factor: Service connection for tinnitus was granted as the evidence showed a current disability (tinnitus) that was incurred in service due to noise exposure during active duty. The Board found the Veteran credible regarding his onset of tinnitus.,The Veteran's bilateral hearing loss and acquired psychiatric disorder were remanded because there is insufficient competent medical evidence on file for VA to make a decision on the claim, as the criteria set forth in McLendon v. Nicholson have been met. Further examination and opinion are needed to determine if these conditions are related to service.,The Veteran's sleep apnea was also remanded due to insufficient competent medical evidence on file for VA to make a decision on the claim. Further examination and opinion are needed to determine if this condition is related to service or secondary to his acquired psychiatric disorders.
- Claimed conditions
- tinnitus, bilateral hearing loss, an acquired psychiatric disorder to include post-traumatic stress disorder (PTSD), adjustment disorder, anxiety, and depression, sleep apnea
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 31, 2020
- Citation
- 20081999
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 an acquired psychiatric disorder to ensure a proper examination and etiology opinion are provided.
- Denied
The Board denied service connection for various conditions, including prostate cancer and related disabilities, urinary incontinence, sleep apnea, hypertension, varicose veins, lumbar spine disability, hip arthritis, shoulder arthritis, ankle arthritis, knee strain, knee replacement, and hand arthritis. The only condition granted was a 10 percent rating for a fracture of the right proximal first metacarpal.
- 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).
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