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Remanded (sent back)PACT Act

The Veteran's left thumb disability is currently rated as noncompensable due to a gap of less than one inch between the thumb pad and fingers. The appeal for an increased rating remains pending.,More development is needed regarding the Veteran's claims for service connection for hearing loss and tinnitus, including whether they are related to his military service.,The Veteran's claim for service connection for tinnitus was vacated by the Court, necessitating a new examination. The appeal for service connection for PTSD remains pending.,A psychiatric examination is needed to determine if the Veteran has any diagnosed psychiatric disorders and their relationship to service. If PTSD is found, it must be determined whether it is related to an in-service stressor or personal assault.,The claim for TDIU may need further development as it could be affected by the results of the above examinations.

The deciding factor: The Veteran's left thumb disability does not meet the criteria for a higher rating due to lack of limitation of motion, ankylosis, or amputation.,More evidence is needed regarding the etiology of the Veteran's hearing loss and tinnitus. The Court directed attention to potential qualifiers in a 2006 Institute of Medicine Report that may impact medical opinions.,The examination did not find PTSD but found anxiety disorders. A new examination is required as the current one was inadequate.,A psychiatric examination is needed to determine if any diagnosed psychiatric disorder, including PTSD, is related to service or an in-service stressor or personal assault.,The claim for TDIU may need further development as it could be affected by the results of the above examinations.

Claimed conditions
Osteoarthritis of the carpal metacarpal joint, left thumb, Bilateral hearing loss, Tinnitus, Psychiatric disorder (including PTSD)
How they argued it
Not specified
Exposure basis
None
Rating assigned
None in this decision
Decision date
May 27, 2021
Citation
21032400

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 21032400.

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.

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