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Remanded (sent back)

The Veteran's claim for an effective date earlier than February 27, 2013 for tinnitus is denied as there was no communication prior to that date indicating intent to apply for service connection.,The Veteran's claim for an effective date earlier than June 27, 2006 for psychiatric disorder (post-traumatic stress disorder with major depressive disorder) is dismissed as a matter of law due to the finality of the April 2007 rating decision awarding service connection and assigning a noncompensable rating.,The Veteran's claim for an effective date earlier than February 21, 2014 for increased ratings for bilateral hearing loss is remanded as there was no evidence showing that any increase in disability or additional disability following the May 2011 left long finger trigger release was proximately due to VA's fault.,The Veteran's claim for a compensable rating for multiple actinic keratoses and melanoma is remanded as there was no evidence showing that any increase in disability or additional disability following the May 2011 left long finger trigger release was proximately due to VA's fault.,The Veteran's claim for TDIU due to service-connected disabilities is remanded as there was no evidence showing that any increase in disability or additional disability following the May 2011 left long finger trigger release was proximately due to VA's fault.

The deciding factor: The effective date of an award of service connection for tinnitus cannot be earlier than February 27, 2013 as there is no communication prior to that date indicating intent to apply for service connection.,The April 2007 rating decision awarded service connection and assigned a noncompensable rating for psychiatric disorder (post-traumatic stress disorder with major depressive disorder) effective June 27, 2006. The claim of entitlement to an earlier effective date than June 27, 2006 is dismissed as a matter of law.,The increase in disability or additional disability following the May 2011 left long finger trigger release was not proximately due to VA's fault as there was no evidence showing that any increase in disability or additional disability was caused by VA personnel's carelessness, negligence, lack of proper skill, error in judgment, or similar instance of fault.,The increase in disability or additional disability following the May 2011 left long finger trigger release was not proximately due to VA's fault as there was no evidence showing that any increase in disability or additional disability was caused by VA personnel's carelessness, negligence, lack of proper skill, error in judgment, or similar instance of fault.,The increase in disability or additional disability following the May 2011 left long finger trigger release was not proximately due to VA's fault as there was no evidence showing that any increase in disability or additional disability was caused by VA personnel's carelessness, negligence, lack of proper skill, error in judgment, or similar instance of fault.

Claimed conditions
tinnitus, psychiatric disorder (post-traumatic stress disorder with major depressive disorder), bilateral hearing loss, multiple actinic keratoses and melanoma
How they argued it
Direct service connection
Exposure basis
None
Rating assigned
None in this decision
Decision date
March 10, 2022
Citation
22013820

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 22013820.

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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