The Veteran's claims for increased ratings and service connection were denied. The Veteran was not granted any new or material evidence to reopen his claim of a back disability.
The deciding factor: The Board found that the Veteran did not provide sufficient evidence to reopen his claim of a back disability, as no new and material evidence had been submitted since January 2003 when he was denied service connection for this condition. The other claims were denied based on lack of evidence supporting the requested benefits.
- Claimed conditions
- Bilateral Hearing Loss, Surgical Incision of the Right Heel (prior to September 23, 2009), Surgical Incision of the Right Heel (on or after September 23, 2009), Sleep Apnea, Polycystic Kidney Disease with Renal Failure and Renal Calculi
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 2, 2010
- Citation
- 1041179
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 1041179.
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.
- Granted
The Veteran's bilateral hearing loss is granted as service-connected. The claims for alcohol abuse and psychiatric disorder are remanded for additional development, including a VA examination to determine the nature and etiology of these conditions.
- Remanded (sent back)
The Board has decided to remand the case due to a need for a new VA examination to assess the current severity of the Veteran's bilateral hearing loss. The issue remains under direct service connection theory.
- Denied
The Board denied service connection for sleep apnea, finding that the evidence did not support a link between the condition and service.
- Denied
The Veteran's hearing loss was rated at 30 percent, the highest non-compensable rating available. The Board found that his hearing loss did not warrant a higher rating based on VA examinations and medical records.
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