The Veteran's claims for effective dates prior to October 25, 2018 are denied as there was no communication prior to that date that could be construed as a claim.,The Veteran's claims for higher ratings for tinnitus and left ear hearing loss are denied as the evidence does not support such an award.,The Veteran's claims for service connection for right ear hearing loss, right foot neuropathy and dystrophic toenails, and left foot neuropathy and dystrophic toenails are denied due to lack of a current disability for VA purposes.,The Veteran's claim for service connection for lower back disability is denied as the evidence does not support such an award.
The deciding factor: There was no communication prior to October 25, 2018 that could be construed as a claim for earlier effective dates. The current evidence does not support higher ratings for tinnitus and left ear hearing loss.,The Veteran's right ear hearing loss disability is not considered a disability for VA purposes due to lack of pure tone thresholds or speech recognition scores meeting the numerical standards enumerated by 38 C.F.R. § 3.385. The Veteran's foot disabilities are also not considered disabilities for VA purposes as they do not meet the criteria for service connection.,The evidence does not support a finding that the Veteran has current right ear hearing loss or foot neuropathy and dystrophic toenails for VA purposes, thus denying these claims.,The evidence does not support a finding of a nexus between the Veteran's lower back disability and his military service.
- Claimed conditions
- tinnitus, left ear hearing loss, right foot neuropathy and dystrophic toenails, left foot neuropathy and dystrophic toenails, lumbosacral strain, degenerative arthritis, and spondylolisthesis of the lower back (lower back disability)
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 2, 2021
- Citation
- 21072094
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 21072094.
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 has remanded the claims for service connection for hearing loss, tinnitus, and an acquired psychiatric disorder due to incomplete medical records and need for further examination.
- Denied
The Board denied the Veteran's claims for service connection for tinnitus, arthritis, and memory loss. The decision found no evidence linking these conditions to his military service.
- Granted
The Veteran's tinnitus is granted as service connected. The issues of foot disability and cardiovascular disorder are remanded for additional development.
- Granted
The Board has granted service connection for tinnitus, finding that it is at least as likely as not that the Veteran experienced tinnitus during his active duty service.
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