The appeal for increased ratings for PTSD, tinnitus, left knee tendonitis/tendinosis, and left ankle sprain residuals was dismissed. The appeals for service connection of various conditions were remanded for further examination.
The deciding factor: The decision is based on the Veteran's withdrawal of his appeals regarding increased ratings for specific conditions and the need for new examinations to determine the nature and etiology of other claimed conditions.
- Claimed conditions
- bilateral hearing loss, residuals of a traumatic brain injury (TBI), migraine headaches, sleep apnea, lumbosacral strain, right knee tendonitis/tendinosis (limitation of extension), right knee tendonitis (limitation of flexion)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 17, 2024
- Citation
- 24002582
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 Veteran's migraine headaches were granted a 50 percent disability rating, effective August 8, 2023, due to very frequent completely prostrating and prolonged attacks that are productive of severe economic inadaptability.
- Denied
The Board denied service connection for various conditions, including prostate cancer and related disabilities, urinary incontinence, sleep apnea, hypertension, varicose veins, lumbar spine disability, hip arthritis, shoulder arthritis, ankle arthritis, knee strain, knee replacement, and hand arthritis. The only condition granted was a 10 percent rating for a fracture of the right proximal first metacarpal.
- Granted
The Board granted a 50 percent rating for the Veteran's migraine headaches based on prostrating attacks occurring more than once a month and severe economic inadaptability.
- Granted
The Board granted service connection for lumbosacral strain, finding that the Veteran's low back injury occurred during a period of active duty for training (ADT) and continued therefrom.
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