The Board denied an increased rating for tinnitus and remanded the claims for service connection for left and right knee conditions due to additional theories of entitlement not addressed in prior examinations.
The deciding factor: The Veteran's tinnitus is rated at the maximum schedular level, and there are no exceptional or unusual factors that would warrant an extraschedular rating. The Board also remanded the claims for service connection for left and right knee conditions due to additional theories of entitlement not addressed in prior examinations.
- Claimed conditions
- tinnitus, left knee condition (also claimed as bilateral knee condition, degenerate and left leg condition), right knee condition (also claimed as bilateral knee condition)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 24, 2024
- Citation
- A24068767
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.
- 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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