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GrantedPACT Act

The Veteran's bilateral hearing loss and tinnitus are service-connected.,The Veteran's tinnitus is service-connected. The Board finds that the Veteran had noise exposure during service which likely contributed to his current condition.,Service connection for a bilateral leg and foot disability (presumed to be a skin disability) is granted as it is presumed due to herbicide exposure in Vietnam, although there is no evidence of such exposure based on the provided information. Service connection for diabetes mellitus and spine disability are not established by the evidence presented.,Service connection for diabetes mellitus is granted as the Veteran has this condition and service treatment records show he was treated for thrombophlebitis during service, which may be related to his current condition.,Service connection for a spine disability is denied as there is no clear and unmistakable evidence that any increase in severity of the preexisting spine disability occurred due to natural progression.

The deciding factor: The Veteran's hearing loss and tinnitus are service-connected based on continuity of symptomatology, with credible statements from the Veteran regarding noise exposure during service.,Tinnitus is a condition capable of lay observation. The Veteran reported constant high pitch ringing in both ears that began during service and continues to this day. Service treatment records show no specific examination for hearing loss at separation, but the Veteran's current diagnosis supports his claim.,The Veteran's presumed leg and foot disability (presumed skin disability) is granted based on a finding of herbicide exposure in Vietnam, although there is no evidence provided to support such exposure. The Veteran has had similar symptoms since service and treatment records show he was treated for thrombophlebitis during service.,Service connection for diabetes mellitus is granted as the Veteran's current condition is related to his in-service treatment of thrombophlebitis, which may be a precursor or related to his current condition. The evidence does not support herbicide exposure based on the provided information.,The spine disability was not incurred during service and there is no clear and unmistakable evidence that any increase in severity of the preexisting spine disability occurred due to natural progression.

Claimed conditions
bilateral hearing loss, tinnitus, a bilateral leg and foot disability (presumed to be a skin disability), diabetes mellitus, spine disability
How they argued it
Not specified
Exposure basis
None
Rating assigned
None in this decision
Decision date
May 22, 2014
Citation
1423304

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 1423304.

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