The Veteran's service connection for tinnitus and total disability due to individual unemployability were granted, while other claims related to bilateral hearing loss, pes planus, cervical spine, petit mal seizures, TBI, right ankle, right knee, OSA, and psychiatric disabilities were remanded.
The deciding factor: The Board found that the Veteran's tinnitus was etiologically related to his in-service noise exposure and that he is unable to secure or follow a substantially gainful occupation due to his service-connected disabilities. The remaining claims require further development through VA examinations.
- Claimed conditions
- tinnitus, bilateral hearing loss, bilateral pes planus, cervical spine disability, petit mal seizures, traumatic brain injury (TBI), right ankle disability, right knee disability, to include as secondary to a left knee disability, obstructive sleep apnea (OSA), acquired psychiatric disability, to include PTSD
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 100%
- Decision date
- January 11, 2022
- Citation
- 22001376
What this means for you
A partial grant means some issues were granted while others were denied or remanded — common in multi-issue claims. Look at which issues went which way, and how each was argued.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Board granted service connection for left knee strain, right knee strain, right wrist strain, and TBI. The Veteran's PTSD rating was remanded for further development.
- Partly granted
The Veteran was granted a 70 percent initial disability rating for PTSD effective December 2, 2021, but the claim for an increased rating in excess of 70 percent was denied. The appeal also included claims for service connection and ratings for various conditions, some of which were granted while others were remanded.
- 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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