The Board remands the claims for service connection for various conditions, including tinnitus and headaches, due to a duty-to-assist error regarding VA examinations.
The deciding factor: Remand is necessary to ensure that the Veteran receives appropriate medical examinations to determine the nature and etiology of his claimed disabilities.
- Claimed conditions
- tinnitus, tension headaches/migraines, cervical strain, left upper extremity radiculopathy, right upper extremity radiculopathy, lumbar strain, thoracolumbar spine, degenerative arthritis, degenerative arthritis, left shoulder strain, right shoulder strain, left hip bursitis, right hip bursitis, left knee strain with bursitis, right knee bursitis, left lateral collateral ankle sprain with pronation external rotation ankle fracture, right ankle deltoid ligament disruption, right fibula fracture, left plantar fasciitis, right plantar fasciitis with syndesmosis disruption and malleolar fracture
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 30, 2025
- Citation
- A25039883
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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