The Board granted the reopening of claims for service connection for tinnitus, bilateral hearing loss disability, residuals of head trauma (traumatic brain injury), headaches, memory loss, and PTSD. The claims for service connection for a tibia or fibula disability, claimed as shin splints; residuals of head trauma, claimed as a traumatic brain injury; headaches; memory loss; pseudobulbar affect; an acquired psychiatric disorder, to include post-traumatic stress disorder (PTSD), previously claimed as agoraphobia with a panic disorder, generalized anxiety disorder, and insomnia; bipolar disorder; gastroesophageal reflux disease (GERD); Barrett's esophagus; irritable bowel syndrome (IBS) were remanded.
The deciding factor: The evidence submitted since the prior denials was found to be new and material, thus reopening the claims for service connection. The Board granted tinnitus as it was determined that the evidence was in approximate balance with the evidence against it.
- Claimed conditions
- tinnitus, bilateral hearing loss disability, residuals of head trauma (traumatic brain injury), headaches, memory loss, post-traumatic stress disorder (PTSD), previously claimed as agoraphobia with a panic disorder, generalized anxiety disorder, and insomnia, Barrett's esophagus, irritable bowel syndrome (IBS)
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 18, 2024
- Citation
- 24002720
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.
- 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.
- Granted
The Board granted an effective date of April 25, 2022, for the award of service connection for tinnitus and a 100 percent initial rating for PTSD with alcohol use disorder.
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