The Veteran's tinnitus was present during service and has a continuity of symptomatology since service. The claim for service connection for tinnitus is granted.,Service connection for left ear hearing loss, right ear hearing loss, back disability, neck disability, left shoulder disability, right shoulder disability, right elbow disability, right shin disability (shin splints), and left shin disability (shin splints) are remanded as the VA examination opinion is inadequate.,Service connection for DM is remanded as there is insufficient evidence to determine its onset during service or if it is related to any in-service exposure. Service connection for an eye disability is also remanded due to potential relationship with DM.,Service connection for an acquired psychiatric disability is remanded as the Veteran's lay statements provide sufficient evidence of a nexus between his military police duties and his current mental health conditions.
The deciding factor: The VA examiner found no nexus between the Veteran's tinnitus and service, but the Board finds that the positive and negative evidence regarding this claim is at least in equipoise.,The VA examination opinion was based on an inaccurate reading of the Veteran's STRs. The VA must obtain another VA examination to address the nature and etiology of these disabilities.,There is insufficient evidence to determine if DM or its complications (diabetic retinopathy) were present during service, or related to any in-service exposure. Service connection for an eye disability is also remanded due to potential relationship with DM.,The Veteran's lay statements provide sufficient evidence of a nexus between his military police duties and his current mental health conditions.
- Claimed conditions
- tinnitus, left ear hearing loss, right ear hearing loss, back disability, neck disability, left shoulder disability, right shoulder disability, right elbow disability, right shin disability (shin splints), left shin disability (shin splints), respiratory disability, diabetes mellitus, type II (DM), diabetic retinopathy (eye disability), acquired psychiatric disability
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- June 6, 2022
- Citation
- 22033006
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 22033006.
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 Veteran's right shoulder disability and migraines/chronic headaches are remanded for additional development due to insufficient opinions on the etiology of her conditions.
- 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.
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