The claim for service connection for low back degenerative changes with radiculopathy and surgical residuals was reopened, but the evidence did not support a finding of direct service connection. The claim for service connection for bilateral hearing loss was denied as new and material evidence was not provided.
The deciding factor: The July 2007 examination report related to an unestablished fact necessary to substantiate the claim for hearing loss based upon aggravation, but did not raise a reasonable possibility of substantiating the claim. The May 2005 VA examination report raised a reasonable possibility of substantiating the back condition claim.
- Claimed conditions
- Bilateral hearing loss, Low back degenerative changes with radiculopathy and surgical residuals
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 24, 2009
- Citation
- 0906766
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.
- 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.
- Partly granted
The Board granted an effective date of May 17, 2019, for a 70 percent disability rating for PTSD but denied earlier effective dates for service connection for bilateral hearing loss and tinnitus.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.