The Board incorrectly applied the presumption of soundness, leading to a denial of service connection for otitis media. The decision now grants service connection for this condition.
The deciding factor: The Board failed to apply the presumption of soundness due to incorrect interpretation of 'noted' conditions at entry into service.
- Claimed conditions
- otitis media, serous otitis
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 9, 2006
- Citation
- 0603924
What this means for you
A grant means the Board agreed the veteran was entitled to the benefit. Decisions like this show the kind of evidence and arguments that tend to succeed for claims like it.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Board denied the veteran's claims for service connection for a back disability, otitis media, and a skin disability as there was no evidence to support that these conditions were related to his military service.
- Granted
The Veteran's service-connected conditions, including obstructive sleep apnea, mood disorder with depressive and anxious features, benign growth of the spinal cord with spondylosis and anterolisthesis, residuals of right ankle sprain with traumatic arthritis, and otitis media, have rendered him unable to secure and follow substantially gainful employment.
- Denied
The Board denied the veteran's claims for a total disability based on individual unemployability, special monthly compensation based on the need for regular aid and attendance, SMC based on housebound status, and service connection for vertigo.
- Partly granted
The Board granted service connection for a left foot condition and a right foot condition, but denied service connection for bilateral hearing loss, otitis media, cervical spine condition, thoracolumbar spine condition, left ankle condition, and right ankle condition.
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