The Veteran's tinnitus is granted due to service, while other claims are remanded for further development.
The deciding factor: The Board found that the evidence was at worst approximately balanced as to whether the Veteran's tinnitus is due to his service and thus granted it under the benefit of the doubt doctrine. Other claims were remanded due to a lack of clear identification of periods of ACDUTRA/INACDUTRA, potential aggravation of pre-existing conditions, or need for further medical evidence.
- Claimed conditions
- tinnitus, dizziness (vertigo), gastrointestinal disorder, night sweats, sleep disorder (also claimed as sleep apnea), back disorder (also claimed as lumbago), right shoulder disorder, right-hand disorder, left-hand disorder, headaches, neck disorder (also claimed as neck strain and cervicalgia)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 100%
- Decision date
- October 23, 2024
- Citation
- A24068356
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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