The Board remands the claims for service connection for hearing loss, tinnitus, lower back pain, residuals of surgery, cyst removal tailbone (pilonidal), and painful scar, gluteal cleft to correct a duty to assist error related to obtaining relevant treatment records and verifying active duty and inactive duty training dates.
The deciding factor: The Board identified a duty to assist error that occurred before the December 2021 rating decision, specifically regarding the lack of VA treatment records and service personnel/service treatment records. These records are essential for determining if the Veteran's claimed conditions occurred during service or a period of active or inactive duty for training.
- Claimed conditions
- hearing loss, tinnitus, lower back pain, residuals of surgery, cyst removal tailbone (pilonidal), painful scar, gluteal cleft
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- May 27, 2025
- Citation
- A25046732
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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