The Board has denied the Veteran's claims for service connection and increased ratings, as well as his claim for a compensable evaluation for hearing loss in the left ear. The issues of entitlement to an increased rating for cervical disc disease with headaches have been remanded.
The deciding factor: The decision was based on the denial of the Veteran's claims without providing specific reasoning for each issue.
- Claimed conditions
- left leg disability, hearing loss in right ear, degenerative disc disease of the lumbar spine, cervical disc disease with headaches, phobic reaction to flying, hearing loss in left ear
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- October 21, 2009
- Citation
- 0939990
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. Search VA.gov for the original decision (opens in a new tab) using citation 0939990.
What this means for you
A final Board denial may be appealed to the U.S. Court of Appeals for Veterans Claims, generally within 120 days of the Board mailing date. A Supplemental Claim with new and relevant evidence is a separate option. Another Higher-Level Review of the Board decision is not available. Check your own notice: this historical decision does not set your deadline.
What you can do next
Use your own notice and decision stage. A remanded issue is not a final court-appealable denial. VA review guidance and CAVC filing instructions (U.S. federal; reviewed October 7, 2026).
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Whole decision: Remanded (sent back)
The Board has expanded the scope of the claim to include any mental health disorder raised by the record and has remanded for additional development regarding service connection for left leg, ankle, and psychiatric disabilities.
- Whole decision: Granted
The Veteran's hypertension, left knee patellofemoral syndrome, and right knee patellofemoral syndrome have been granted service connection as secondary to his service-connected disabilities. The lumbar spine disability has also been granted but the effective date is not specified.
- Whole decision: Remanded (sent back)
The Board has decided to remand the Veteran's claims for service connection for left and right leg disabilities due to a pre-decisional duty to assist error. The Veteran is required to undergo VA examinations to determine if any current left or right leg disabilities are related to active service.
- Whole decision: Granted
The Board has granted service connection for tinnitus, cervical spine disability, low back disability, left shoulder disability, and left leg disability. The decision is based on the Veteran's active duty service and his current disabilities are found to be related to these service events.
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