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. He reports that he injured his back during a patrol in 2005 and contends that his current back disability is related to this injury. Remand is necessary to obtain the Veteran's complete military personnel records to ascertain whether his 2005 back injury happened during a period of ADT or IDT.,The Veteran seeks service connection for hypertension, CFS, fibromyalgia, and migraines. He contends that his disabilities are related to toxic exposures during service in Operation Enduring Freedom. The Veteran's October 2002 DD-214 confirms that the Veteran served in support of Operation Enduring Freedom.

The deciding factor: The evidence does not establish a nexus between the current tinnitus and an in-service injury or disease, including hazardous noise exposure during service.,There is no indication that the claimed acquired psychiatric disorder is related to active service. The Veteran has not provided any details regarding the basis of their claim.,The Board concludes that the claims must be remanded to correct pre-decisional duty to assist errors as there is insufficient information to verify whether the Veteran had active duty service in the Southwest Asia theater of operations during the Persian Gulf War and if he participated in TERA.,The Veteran's personnel records do not contain any information regarding his ADT or IDT periods, which are necessary to determine the nature of his 2005 back injury.,There is no indication that the Veteran served in the Southwest Asia theater of operations during the Persian Gulf War and there has been insufficient verification of TERA participation.

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.