The Board granted presumptive service connection for tinnitus, but remanded the claims for other conditions due to a duty to assist error.
The deciding factor: The evidence was in equipoise as to whether the Veteran's tinnitus manifested within one year of discharge from active duty. The AOJ failed to obtain relevant private treatment records prior to the March 2019 rating decision, necessitating remand for further development.
- Claimed conditions
- tinnitus, bilateral hearing loss, right shoulder condition, diabetes, fibromyalgia, jaw pain, left hand arthritis, pancreatitis, right hand arthritis, left lower extremity diabetic nerve pain, left upper extremity diabetic nerve pain, right upper extremity diabetic nerve pain, right lower extremity diabetic nerve pain
- How they argued it
- Presumptive (no nexus needed)
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- May 7, 2025
- Citation
- A25041596
What this means for you
A partial grant means some issues were granted while others were denied or remanded — common in multi-issue claims. Look at which issues went which way, and how each was argued.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- 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.
- 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.
- 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).
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