The Board remands the claims for service connection for various disabilities, including a low back disability, right foot disability, left knee disability, migraine headaches, right knee disability, tinnitus, and an acquired psychiatric disorder, to obtain additional evidence.
The deciding factor: The December 2015 VA examiner's opinion is inadequate due to reliance on the absence of in-service treatment for anxiety, which cannot be corroborated. An addendum opinion is needed to address this and other issues related to the Veteran's psychiatric disorders.
- Claimed conditions
- Low back disability, Right foot disability, Left knee disability, Migraine headaches, Right knee disability, Tinnitus, Acquired psychiatric disorder, to include anxiety and a depressive disorder
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 9, 2023
- Citation
- 23001244
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.
- Partly granted
The Board granted service connection for chronic headaches, CFS, dermatosis, bilateral RLS, a lumbar spine disability, and sleep apnea but denied a compensable evaluation for allergic rhinitis.
- Granted
The Board granted earlier effective dates of November 5, 2021, for the grants of service connection and eligibility for DEA benefits.
- Granted
The Board granted service connection for bilateral hearing loss and tinnitus, finding that the Veteran's conditions are related to in-service noise exposure.
- Partly granted
The Board granted an effective date of May 17, 2019, for a 70 percent disability rating for PTSD but denied earlier effective dates for service connection for bilateral hearing loss and tinnitus.
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