The Veteran's claim for an earlier effective date for tinnitus is denied as the earliest effective date available has already been awarded.,The issue of an earlier effective date for adjustment disorder with depressed mood is dismissed due to withdrawal by the Veteran and his attorney.,New and material evidence has been received, reopening the previously denied claim of entitlement to service connection for a bilateral knee condition.,Service connection for right knee disability is remanded as VA examiner opinions are needed regarding the nature and etiology of the disability.,Service connection for left knee disability is remanded as VA examiner opinions are needed regarding the nature and etiology of the disability.,A rating in excess of 10 percent for service-connected adjustment disorder with depressed mood is remanded due to a need for an updated assessment of the Veteran's condition.,Rating in excess of 20 percent for service-connected lumbar spine degenerative disc disease and related radiculopathy (sciatic nerve) is remanded as VA examiner opinions are needed regarding the severity of these disabilities, including whether they manifest ankylosis or functional equivalent thereof.,The Veteran's claim for a total disability rating based on individual unemployability (TDIU) due to his service-connected disabilities is remanded.
The deciding factor: The effective date for the award of service connection for tinnitus has already been awarded, and there is no evidence that an earlier effective date is warranted.,The Veteran withdrew his appeal regarding an earlier effective date for adjustment disorder with depressed mood, thus dismissing this issue.,New and material evidence was received, allowing the previously denied claim of entitlement to service connection for a bilateral knee condition to be reopened.,Service connection for right knee disability requires VA examiner opinions on the nature and etiology of the disability.,Service connection for left knee disability requires VA examiner opinions on the nature and etiology of the disability.,A rating in excess of 10 percent for service-connected adjustment disorder with depressed mood is needed due to a need for an updated assessment of the Veteran's condition.,Rating in excess of 20 percent for service-connected lumbar spine degenerative disc disease and related radiculopathy (sciatic nerve) requires VA examiner opinions on the severity of these disabilities, including whether they manifest ankylosis or functional equivalent thereof.,The TDIU claim must be remanded as any decision regarding the Veteran's claims being remanded could significantly impact this claim.
- Claimed conditions
- tinnitus, adjustment disorder with depressed mood, bilateral knee condition, right knee disability, left knee disability, lumbar spine degenerative disc disease, right lower extremity radiculopathy (sciatic nerve), left lower extremity radiculopathy (sciatic nerve)
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- July 24, 2023
- Citation
- 23040306
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 23040306.
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 appeal is remanded for additional development, including a new VA examination to assess his bilateral knee and hip disabilities.
- 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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