The Veteran's tinnitus is found to be service-connected, with an effective date of March 21, 2017.,An earlier effective date of March 21, 2017 for the 40 percent rating assigned for lumbosacral strain and discogenic disease is granted.,Service connection for a gastrointestinal disability (claimed as diverticulosis) is remanded due to lack of evidence regarding its relationship with service-connected conditions.,Service connection for a prostate disability (claimed as prostate cancer) is remanded due to lack of evidence regarding its relationship with service-connected conditions.,Service connection for bilateral hearing loss, sinusitis, allergic rhinitis, heart condition, hypertension, and diabetes mellitus are all remanded due to lack of evidence regarding their relationships with service-connected conditions.,Service connection for osteopenia is remanded due to lack of evidence regarding its relationship with service-connected conditions.,Service connection for a cervical spine disability is remanded due to lack of evidence regarding its relationship with service-connected conditions.
The deciding factor: The Veteran's lay reports establish tinnitus in service and since separation, which is sufficient to meet the chronic disease presumption under 38 C.F.R. § 3.309(a).,The November 2019 VA examination report provided an estimate of additional range of motion loss during flare-ups, leading to a higher rating.,Service connection for diverticulosis is remanded due to lack of evidence regarding its relationship with service-connected conditions.,Service connection for prostate cancer is remanded due to lack of evidence regarding its relationship with service-connected conditions.,Service connection for gastrointestinal disabilities are all remanded due to lack of evidence regarding their relationships with service-connected conditions.,Service connection for osteopenia is remanded due to lack of evidence regarding its relationship with service-connected conditions.,Service connection for a cervical spine disability is remanded due to lack of evidence regarding its relationship with service-connected conditions.
- Claimed conditions
- tinnitus, lumbosacral strain and discogenic disease, gastrointestinal disability (claimed as diverticulosis), prostate disability (claimed as prostate cancer), bilateral hearing loss, sinusitis, allergic rhinitis, heart condition, hypertension, diabetes mellitus, osteopenia, cervical spine disability, neurological impairment of the left upper extremity (peripheral neuropathy), neurological impairment of the right upper extremity (peripheral neuropathy), left shoulder disability, right shoulder disability, left hip disability, right hip disability, left knee disability, right knee disability, left ankle disability, right ankle disability, left foot disability, right foot disability, neurological impairment of the left lower extremity (peripheral neuropathy), neurological impairment of the right lower extremity (peripheral neuropathy)
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 26, 2021
- Citation
- 21011060
This is a plain-language summary generated by AI from a public Board of Veterans’ Appeals decision. It can contain errors — always verify against the original. Look up the original decision on VA.gov (opens in a new tab) using citation 21011060.
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.
- Dismissed
The Veteran's appeal for service connection of bilateral hearing loss and a ruptured right ear drum was dismissed due to the death of the Veteran.
- Remanded (sent back)
The Veteran's right shoulder disability and migraines/chronic headaches are remanded for additional development due to insufficient opinions on the etiology of her conditions.
- Remanded (sent back)
The Veteran's appeal is remanded for additional development, including a new VA examination to assess his bilateral knee and hip disabilities.
- Remanded (sent back)
The Board has remanded the claims for service connection for hypertension and peripheral neuropathy of the bilateral upper and lower extremities due to insufficient medical opinions regarding their etiology.
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