The Veteran's claim for service connection for bilateral hearing loss was denied as the evidence did not show that his current hearing loss disability had its onset in service or was caused by active service. The claims for initial compensable ratings for right index finger, left ankle, and right knee disabilities are remanded to obtain updated VA treatment records and schedule the Veteran with appropriate VA examinations.
The deciding factor: The preponderance of evidence did not support a finding that the Veteran's current hearing loss disability was incurred or aggravated by active service. The claims for initial compensable ratings were remanded as new evidence may have been obtained since the last examination, which could affect the severity evaluations.
- Claimed conditions
- {"conditionName":"Bilateral Hearing Loss"}, {"conditionName":"Right Index Finger Disability"}, {"conditionName":"Left Ankle Disability"}, {"conditionName":"Right Knee Disability"}
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- September 20, 2010
- Citation
- 1035294
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 1035294.
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Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Veteran's appeal for service connection for tinnitus and the issues of whether new and material evidence has been received to reopen previously denied claims of entitlement to service connection for bilateral hearing loss and bilateral leg numbness have been withdrawn.,PTSD is currently rated at 30 percent, which is the maximum rating available under Diagnostic Code 9411. The Veteran's PTSD results in occupational and social impairment with deficiencies in most areas due to symptoms such as depressed mood, anxiety, panic attacks (weekly or less often), chronic sleep impairment, mild memory loss, flattened affect, circumstantial speech, difficulty understanding complex commands, impaired judgment, impaired abstract thinking, disturbances of motivation and mood, and difficulty establishing effective relationships.,The Veteran's service-connected residuals of gunshot wound to the right shoulder are currently rated at 30 percent under Diagnostic Code 5303.
- Denied
The Board found that the Veteran's current bilateral hearing loss did not begin during service or within one year of separation, and thus denied his claim for service connection.
- Denied
The Veteran's claims for service connection for right and left ankle disabilities, as well as a back disability, have been denied due to the lack of current diagnoses.
- Granted
The Board has reopened the Veteran's claims for service connection for bilateral hearing loss and a skin rash to include as due to Agent Orange exposure. The effective date of these decisions is not addressed in this decision.,Service connection for a right knee disability secondary to a left knee disability remains pending, but an earlier effective date prior to October 25, 2007, for the grant of service connection for a left knee disability has been denied.
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