The claim for service connection for bilateral hearing loss was reopened, but the claims for service connection for residuals of shell fragment wound of the right thigh, residuals of mononucleosis, hepatitis, scar of the right middle finger, and scar of the right great toe were not reopened. The claims for service connection for a left ankle disability, sleep apnea, and temporomandibular joint disability were denied.
The deciding factor: The evidence received since the August 1999 denial is new and material to the claim for bilateral hearing loss, but does not create a reasonable possibility of substantiating the claims for service connection for residuals of shell fragment wound of the right thigh, residuals of mononucleosis, hepatitis, scar of the right middle finger, and scar of the right great toe. The evidence received since the February 1972 denial is not new and material to the claim for service connection for residuals of a shell fragment wound of the left thigh. The Veteran's left ankle disability was first demonstrated many years after service and is not related to a disease or injury during active service, and sleep apnea and temporomandibular joint disability were also not linked to service.
- Claimed conditions
- Bilateral hearing loss, Arthritis of the left ankle, Sleep apnea, Temporomandibular joint disability
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 19, 2009
- Citation
- 0906215
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.
- Partly granted
The Board granted service connection for chronic headaches, CFS, dermatosis, bilateral RLS, a lumbar spine disability, and sleep apnea but denied a compensable evaluation for allergic rhinitis.
- 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.
- 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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