The Board denied the claims for earlier effective dates for service connection for tinnitus and irritable bowel syndrome, and remanded several other claims including service connection for various conditions and disability ratings.
The deciding factor: The Veteran's claims were not supported by evidence of entitlement within one year of separation from service, and thus an earlier effective date was denied. The remaining claims required further development and a new examination to properly adjudicate the issues.
- Claimed conditions
- tinnitus, irritable bowel syndrome (IBS), full body muscle spasms, bilateral foot disorder, to include plantar fasciitis, hammertoes, and degenerative joint disease with calcaneal spurs, high blood pressure, cellulitis, sinus disorder with headaches, posttraumatic stress disorder (PTSD), hemorrhoids, irritable bowel syndrome
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 17, 2024
- Citation
- 24002431
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 Veteran was granted a 70 percent initial disability rating for PTSD effective December 2, 2021, but the claim for an increased rating in excess of 70 percent was denied. The appeal also included claims for service connection and ratings for various conditions, some of which were granted while others were remanded.
- 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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