The Board remands the claims for service connection for tinnitus, bilateral hearing loss, and bilateral pes planus to correct VA's pre-decisional duty-to-assist error by providing an up-to-date examination adequately addressing the nature and etiology of the Veteran's claimed conditions.
The deciding factor: Remand is required due to a lack of contemporaneous medical evidence and to provide the Veteran with a thorough medical examination considering his lay reports of symptoms and history.
- Claimed conditions
- tinnitus, bilateral hearing loss, bilateral pes planus
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- Gulf War
- Rating assigned
- None in this decision
- Decision date
- October 25, 2024
- Citation
- A24068934
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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