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Remanded (sent back)PACT Act

The Veteran's appeal for an initial disability rating in excess of 10 percent for tinnitus has been denied as the maximum schedular rating is already assigned.,Service connection for a right knee disability and left knee disability remains remanded due to insufficient medical opinions regarding their etiology.,Service connection for degenerative disc disease (DDD) of the cervical spine remains remanded due to an inadequate examination report.,The Veteran's esophagus disability, including Barrett's esophagus and GERD, is presumed based on his exposure to herbicide agents while stationed at Nakhon Phanom RTAFB in Thailand.,Service connection for the esophagus disability remains remanded due to insufficient medical opinions regarding its etiology.

The deciding factor: The Veteran's tinnitus has been assigned the maximum schedular rating available under Diagnostic Code 6260, and there is no legal basis for separate evaluations in each ear.,The VA examiner did not provide a clear opinion on whether the right knee disability clearly and unmistakably preexisted service or was aggravated by service. The left knee disability remains remanded as well due to insufficient medical opinions regarding its etiology.,The VA examiner's opinion on cervical spine DDD is inadequate because it relied solely on an absence of treatment records for neck pain during service, without addressing other possible causes such as general wear and tear or exposure to herbicide agents.,Barrett's esophagus was not incurred in or caused by the Veteran's active duty service. The examiner noted that there is no documentation of Barrett's esophagus prior to 2006, which is consistent with his presumed exposure to herbicide agents during service at Nakhon Phanom RTAFB.,The VA examiner's opinion on GERD remains insufficient as it did not address the Veteran's presumed exposure to herbicide agents or provide a clear opinion regarding whether his esophagus disability was caused by chronic GERD.

Claimed conditions
tinnitus, right knee disability, left knee disability, degenerative disc disease (DDD) of the cervical spine, esophagus disability, to include Barrett's esophagus and gastroesophageal reflux disease (GERD)
How they argued it
Not specified
Exposure basis
None
Rating assigned
None in this decision
Decision date
February 16, 2022
Citation
22009033

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 22009033.

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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