The Board denied an earlier effective date for the grant of service connection for tinnitus and remanded claims for service connection for PTSD, an acquired psychiatric disability other than PTSD, to include depression, and obstructive sleep apnea.
The deciding factor: The Veteran's private attorney did not provide any argument in furtherance of the appeal for an earlier effective date for tinnitus. For the other claims, the Board found that a VA examination was necessary to determine the etiology of the claimed disabilities due to the Veteran's inability to recall specific stressors and his history of service at Camp Lejeune.
- Claimed conditions
- tinnitus, posttraumatic stress disorder (PTSD), acquired psychiatric disability other than PTSD, to include depression, obstructive sleep apnea
- How they argued it
- Direct service connection
- Exposure basis
- Camp Lejeune water
- Rating assigned
- None in this decision
- Decision date
- October 15, 2024
- Citation
- A24065675
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 Board granted service connection for obstructive sleep apnea, effective from the date of the February 2025 rating decision.
- 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).
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