The appeal was partially granted by reopening the claim for a low back condition, and the earlier effective date for tinnitus was denied. Other claims were remanded for further review.
The deciding factor: The decision to grant or deny service connection for various conditions was based on new evidence being presented that related to an unestablished fact necessary to substantiate the claim, while other claims required additional evidence and examination.
- Claimed conditions
- low back condition, tinnitus, sleep apnea (secondary to service-connected conditions), gastroesophageal reflux disease (GERD), degenerative arthritis of the right hip, degenerative arthritis of the left hip, headaches (secondary to PTSD and tinnitus)
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 5, 2024
- Citation
- 24000797
What this means for you
A partial grant means some issues were granted while others were denied or remanded — common in multi-issue claims. Look at which issues went which way, and how each was argued.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Dismissed
The Veteran withdrew his appeals for service connection for gastroesophageal reflux disease (GERD) and pernicious anemia, and the Board dismissed both appeals.
- Remanded (sent back)
The Board remands the claim for service connection for tinnitus to correct a duty to assist error, as the Veteran's lay statements regarding onset and continuity of symptoms were not adequately considered in the previous decision.
- Dismissed
The Veteran withdrew the appeals for service connection for bilateral pes planus, obstructive sleep apnea, bilateral hearing loss, tinnitus, and chronic obstructive pulmonary disease (COPD).
- Denied
The Board denied service connection for tinnitus, cubital tunnel syndrome, right plantar fasciitis, and a right knee disability due to the lack of evidence supporting a nexus between these conditions and the Veteran's military service.
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