The Board found that the veteran's preexisting left ear hearing loss did not increase in severity during service, and there was no evidence of a current disability related to right ear hearing loss. The claims for sinusitis and low back pain were reopened based on new and material evidence.
The deciding factor: The lack of aggravation of the pre-existing condition and the absence of evidence linking the current conditions to service were key factors in the decision.
- Claimed conditions
- Bilateral hearing loss, Low back pain; scoliosis lumbosacral spine, Sinusitis, Depression, to include as secondary to low back pain; scoliosis lumbosacral spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 25, 2008
- Citation
- 0809796
Veterans Law Judge
Decisions by this judge: 251 · Granted: 25% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
This is a plain-language summary generated by AI from a public Board of Veterans’ Appeals decision. It can contain errors — always verify against the original. Look up the original decision on VA.gov (opens in a new tab) using citation 0809796.
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.
- Granted
The Veteran's claim for a low back disorder was reopened, and his claims for increased ratings of bilateral knee instability were granted. His hearing loss claim was denied.
- Remanded (sent back)
The Veteran's appeals of the initial ratings for his service-connected chronic cough and bilateral hearing loss are remanded due to procedural errors in the evidentiary record.
- Granted
The Veteran's service-connected disabilities, including bilateral pes planus with hammer toes, hallux valgus and degenerative arthritis, sleep apnea, bilateral hearing loss, tinnitus, and bilateral kidney cysts, rendered him unable to secure or follow gainful employment. The Board granted the TDIU based on these conditions.
- Denied
The Veteran's service-connected disabilities (bilateral hearing loss and tinnitus) do not prevent him from securing and maintaining substantially gainful employment.
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