The Veteran's claim for service connection for a lung disability, to include residuals of pneumonia, is denied. The Board finds that the preponderance of evidence is against the claim. The Veteran's current lung disability (COPD) was not incurred in or aggravated by active service. For his bilateral hearing loss claim, the VA has not received sufficient medical evidence to determine if a current disability exists.
The deciding factor: The November 2005 VA examination report found no residual scarring of the lungs from pneumonia and opined that it is less likely than not that the Veteran's COPD was related to his in-service pneumonia. The private audiogram submitted by the Veteran does not indicate whether the Maryland CNC Test was used, which may affect its use for rating purposes.
- Claimed conditions
- Lung disability (residuals of pneumonia), Bilateral hearing loss
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- September 17, 2009
- Citation
- 0934875
This is a plain-language summary generated by AI from a public Board of Veterans’ Appeals decision. It can contain errors — always verify against the original. Look up the original decision on VA.gov (opens in a new tab) using citation 0934875.
What this means for you
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What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Veteran's claim for a low back disorder was reopened, and his claims for increased ratings of bilateral knee instability were granted. His hearing loss claim was denied.
- Remanded (sent back)
The Veteran's appeals of the initial ratings for his service-connected chronic cough and bilateral hearing loss are remanded due to procedural errors in the evidentiary record.
- Granted
The Veteran's service-connected disabilities, including bilateral pes planus with hammer toes, hallux valgus and degenerative arthritis, sleep apnea, bilateral hearing loss, tinnitus, and bilateral kidney cysts, rendered him unable to secure or follow gainful employment. The Board granted the TDIU based on these conditions.
- Denied
The Veteran's service-connected disabilities (bilateral hearing loss and tinnitus) do not prevent him from securing and maintaining substantially gainful employment.
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