The Board denied the Veteran's claims for service connection for frostbite residuals of the upper and lower extremities, a back disability, and left ear hearing loss as there was no evidence of current disabilities related to his military service.
The deciding factor: There is no credible evidence of an event, injury, or disease in service upon which a current disability may be based. The Veteran's STRs do not show any chronic disability resulting from the claimed frostbite, and post-service medical records are also devoid of any diagnosis of, or treatment for, frostbite residuals. For the low back disability, there is no evidence that his current condition had its onset during service or for many years following service. The Veteran's left ear hearing loss was not shown to have worsened during his period of service and did not meet the criteria for a compensable disability under VA regulations.
- Claimed conditions
- frostbite residuals of the upper extremities, frostbite residuals of the lower extremities, back disability, left ear hearing loss
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 3, 2009
- Citation
- 0907734
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.
- Remanded (sent back)
The Board remands the issue of entitlement to service connection for a back disability due to a duty to assist error, specifically regarding VA's failure to provide the Veteran with a VA examination prior to the rating decision.
- Dismissed
The appeal for a compensable rating for left ear hearing loss, service connection for right ear hearing loss, and bilateral vision condition was dismissed. Service connection for hypertension, congestive heart failure, and coronary artery disease was denied.
- Partly granted
The Board granted a 20 percent disability rating for left and right lower extremity radiculopathy from April 3, 2023 onward, but denied higher ratings prior to that date. Service connection was also granted for alcohol use disorder as secondary to PTSD with traumatic brain injury.
- Remanded (sent back)
The Board remands the claim for service connection of left ear hearing loss due to a pre-decisional duty to assist error, as an addendum opinion is necessary to address evidence of in-service hearing loss and convert audiometric testing results from ASA to ISO-ANSI standards.
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.