The Board denied the veteran's claims for service connection for a low back disability, diabetes mellitus (presumed secondary to herbicide exposure), gastroesophageal reflux disease with a hiatal hernia, and effective dates earlier than June 18, 2004, and February 9, 2005, for the grant of service connection for bilateral hearing loss and tinnitus, respectively.
The deciding factor: The evidence submitted was not new and material to reopen the claim for a low back disability. The veteran's diabetes mellitus and gastroesophageal reflux disease with a hiatal hernia were not related to his active service or any incident therein. There was no evidence of exposure to herbicides in Vietnam, which is required for presumptive service connection.
- Claimed conditions
- Low back disability, Skin disorder (secondary to herbicide exposure), Diabetes mellitus (presumed secondary to herbicide exposure), Gastroesophageal reflux disease with a hiatal hernia
- How they argued it
- Direct service connection
- Exposure basis
- Agent Orange / herbicides
- Rating assigned
- None in this decision
- Decision date
- April 16, 2008
- Citation
- 0812636
What this means for you
A denial is a starting point, not the end of the road. You can see why this claim fell short — and, if you are still inside the one-year window, the appeal lanes that may remain open to you.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Board denied service connection for bilateral hearing loss, tinnitus, a low back disability, residuals of a right foot injury, sinusitis, shortness of breath, allergic rhinitis, and sleep apnea as there was no evidence to support a link between these conditions and the Veteran's military service.
- Remanded (sent back)
The Board remands the claims for service connection for a low back disability and arthritis, to include bilateral hips and knees, due to an inadequate VA examination.
- Remanded (sent back)
The Board remands the claims for service connection for a low back disability, left hip disability, right hip disability, prostate disability, and kidney cancer due to inadequate medical opinions and potential outstanding VA treatment records.
- Remanded (sent back)
The Board remands the claims for service connection for a low back disability, left hip disability, right hip disability, prostate disability, and kidney cancer due to inadequate medical opinions and potential outstanding VA treatment records.
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