The Veteran's appeal for an initial rating greater than 10 percent for tinnitus is denied.,An effective date of August 13, 1982 is granted for the grant of service connection for tinnitus.,Issues related to head injury, headaches, low back condition, speech difficulties due to head injury, sleep disorder (including sleep apnea), and a cyst on the left side of the brain are remanded for further development.,The Veteran's claim to reopen a previously denied claim of service connection for an acquired psychiatric disorder is also remanded.
The deciding factor: There is no legal basis upon which VA may award a higher schedular evaluation for tinnitus, as it is already rated at the maximum level under Diagnostic Code 6260.,The effective date of August 13, 1982 was granted because this is deemed to be within one year prior to the Veteran's separation from active service and thus falls within the one-year lookback period for effective dates.,Issues related to head injury, headaches, low back condition, speech difficulties due to head injury, sleep disorder (including sleep apnea), and a cyst on the left side of the brain are remanded because additional development is needed to obtain in-service mental health treatment records from the Veteran's period of active service.,The claim to reopen a previously denied claim of service connection for an acquired psychiatric disorder is remanded as new evidence may be received that could support reopening the claim.
- Claimed conditions
- tinnitus, head injury, headaches, low back condition, speech difficulties due to head injury, sleep disorder (including sleep apnea), cyst, left side of brain
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 23, 2022
- Citation
- 22065661
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 22065661.
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.
- Granted
The Board has determined that the Veteran's headaches are at least as likely as not caused by his service-connected traumatic brain injury, and thus grants service connection for this condition.
- 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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