The Board remands the claims for service connection for tinnitus, hypertension, right and left shoulder acromioclavicular degenerative joint disease, and lumbar spine degenerative arthritis to obtain medical opinions under 38 U.S.C. § 1168 regarding toxic exposure risk activities during service in Southwest Asia.
The deciding factor: The claims must be remanded to obtain medical opinions under 38 U.S.C. § 1168 and the Veteran's toxic exposure risk activities due to the passage of the PACT Act, which requires VA to provide an examination and opinion as to whether there is a nexus between the claimed disability and the toxic exposure risk activity.
- Claimed conditions
- tinnitus, hypertension, right shoulder acromioclavicular degenerative disease, left shoulder acromioclavicular degenerative disease, lumbar spine degenerative arthritis
- How they argued it
- Presumptive (no nexus needed)
- Exposure basis
- Gulf War
- Rating assigned
- None in this decision
- Decision date
- April 17, 2025
- Citation
- A25035586
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 an effective date of October 21, 2021, for the grant of service connection for hypertension.
- Dismissed
The appeal for a compensable rating for left ear hearing loss, service connection for right ear hearing loss, and bilateral vision condition was dismissed. Service connection for hypertension, congestive heart failure, and coronary artery disease was denied.
- Denied
The Board denied service connection for various conditions, including prostate cancer and related disabilities, urinary incontinence, sleep apnea, hypertension, varicose veins, lumbar spine disability, hip arthritis, shoulder arthritis, ankle arthritis, knee strain, knee replacement, and hand arthritis. The only condition granted was a 10 percent rating for a fracture of the right proximal first metacarpal.
- 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.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.