The Board denied a rating in excess of 10 percent for tinnitus and remanded the claims for service connection, left ear hearing loss, right ear hearing loss, hypertension, atrial fibrillation, foot disabilities, and hand disabilities.
The deciding factor: The Veteran's tinnitus is rated at the maximum schedular rating available. The Board found that further development was necessary to verify the Veteran's period of active duty for training or inactive duty for training and to obtain a medical opinion under the PACT Act regarding potential service connection based on toxic exposure risk activities.
- Claimed conditions
- tinnitus, left ear hearing loss, right ear hearing loss, hypertension (HTN), atrial fibrillation (AFib), right-foot disability, to include peripheral vascular disease (PVD), left-foot disability, to include PVD, right-hand disability, to include PVD, left-hand disability, to include PVD
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 22, 2024
- Citation
- 24003186
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.
- Dismissed
The appeal for a compensable rating for left ear hearing loss, service connection for right ear hearing loss, and bilateral vision condition was dismissed. Service connection for hypertension, congestive heart failure, and coronary artery disease was denied.
- 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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