The Veteran's tinnitus was not shown as chronic in service and did not manifest to a compensable degree within the applicable presumptive period; continuity of symptomatology is not established; and the disability is not otherwise etiologically related to an in-service injury or disease.,The Veteran's acquired psychiatric disability is not etiologically related to active service.,The Board concludes that, while the Veteran may experience symptoms of anxiety or depression, the evidence of record persuasively weighs against finding that any acquired psychiatric disorder began during service or is otherwise related to an in-service injury, event, or disease. The claim for service connection for an acquired psychiatric disability is therefore denied.,The Board concludes that the claims must be remanded to correct pre-decisional duty to assist errors. Review of the claims file does not confirm that the Veteran was stationed in the Southwest Asia theater of operations during the Persian Gulf War. In this regard, the Board believes that additional efforts to determine whether the Veteran had active duty service in the Southwest Asia theater of operations during the Persian Gulf War are needed.,The Veteran seeks service connection for hypertension, CFS, fibromyalgia, and migraines, which he argues are due to toxic exposure risk activities (TERA). While the Veteran has consistently argued that he participated in TERA, this has not been verified by the RO. The Board finds it necessary to remand the Veteran's claims so that his potential TERA can be verified by the RO.,The Veteran seeks service connection for low back pain with intervertebral disc syndrome (claimed as back condition). He reports that he injured his back during a patrol in 2005. The Board concludes that, while the Veteran has a current diagnosis of tinnitus and hypertension, the evidence of record persuasively weighs against finding that any acquired psychiatric disorder began during service or is otherwise related to an in-service injury, event, or disease.,The Veteran seeks service connection for chronic fatigue syndrome (CFS), fibromyalgia, and migraine headaches. He contends that his disabilities are related to toxic exposures during service in Operation Enduring Freedom.
The deciding factor: There is no evidence of a current disability, continuity of symptomatology, or causal relationship between the Veteran's claimed conditions and active service.,The Veteran did not have an acquired psychiatric disorder during service. The Board finds that there is insufficient evidence to establish a link between any current psychiatric condition and service.,The Veteran has not provided sufficient details regarding his in-service back injury or TERA participation, making it difficult for the VA to verify these claims. Additionally, the Veteran's personnel records do not confirm whether he served during the Persian Gulf War.,There is no evidence of toxic exposure risk activities (TERA) during service that could be linked to the Veteran's current conditions.,The Veteran has not provided sufficient details regarding his in-service back injury or TERA participation, making it difficult for the VA to verify these claims. Additionally, the Veteran's personnel records do not confirm whether he served during the Persian Gulf War.,There is no evidence of a current disability, continuity of symptomatology, or causal relationship between the Veteran's claimed conditions and active service.,The Veteran has not provided sufficient details regarding his in-service exposure to toxic exposures that could be linked to the Veteran's current conditions.
- Claimed conditions
- tinnitus, acquired psychiatric disability (anxiety, depression, sleep disturbances), low back pain with intervertebral disc syndrome, hypertension, chronic fatigue syndrome (CFS), fibromyalgia, migraine headaches
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 21, 2024
- Citation
- A24077268
This is a plain-language summary generated by AI from a public Board of Veterans’ Appeals decision. It can contain errors — always verify against the original. Look up the original decision on VA.gov (opens in a new tab) using citation A24077268.
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 a 50 percent rating for the Veteran's migraine headaches based on prostrating attacks occurring more than once a month and severe economic inadaptability.
- Dismissed
The Veteran withdrew the appeals for service connection for fibromyalgia and Gulf War unexplained chronic multi-symptom illness, bronchus, as well as an extension of the temporary 100 percent disability evaluation.
- Partly granted
The Board granted service connection for scarring, right orchiopexy and remanded the claim of asbestos exposure residuals. Other claims for service connection were denied.
- Granted
The Veteran's migraine headaches were granted a 50 percent disability rating, effective August 8, 2023, due to very frequent completely prostrating and prolonged attacks that are productive of severe economic inadaptability.
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