The Board has determined that new and material evidence has been submitted to reopen the claim for a low back disorder, but denied service connection for bilateral hearing loss, tinnitus, depression, and a bilateral elbow disorder as there is no current diagnosis of these conditions.
The deciding factor: The decision was based on the lack of current diagnoses for the claimed conditions despite the Veteran's reported symptoms in service and post-service. The evidence did not establish that any of the claimed conditions were incurred or aggravated during active duty.
- Claimed conditions
- Low back disorder, Bilateral hearing loss, Tinnitus, Depression, Bilateral elbow disorder
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 11, 2009
- Citation
- 0904953
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.
- Denied
The Board denied the veteran's claim for service connection for bilateral hearing loss, as there was no evidence of a current disability in the right ear and insufficient evidence to establish a nexus between the left ear hearing loss and service.
- Granted
The Board granted service connection for bilateral hearing loss and tinnitus, finding that the Veteran's conditions are related to in-service noise exposure.
- Remanded (sent back)
The Board remands the matter for a medical clarification regarding whether the Veteran's service-connected epilepsy has aggravated his bilateral hearing loss.
- Remanded (sent back)
The Board remands the claim for service connection for bilateral hearing loss to obtain an addendum opinion addressing the Veteran's lay statements regarding in-service acoustic trauma and a rocket blast injury.
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