The Veteran's claim for an initial compensable evaluation for bilateral hearing loss was denied. The Court held that evidence added to the record since the May 2005 rating decision, denying service connection for PTSD, is new and material, and the claim for service connection is reopened. However, the criteria for service connection for an acquired psychiatric disability, sleep apnea, liver disorder, diabetes mellitus, diabetic neuropathy of the upper extremities, diabetic neuropathy of the lower extremities, and skin cancer have not been met.
The deciding factor: The evidence added to the record since the May 2005 rating decision is new and material as it relates to unestablished facts necessary to substantiate the claim of service connection for an acquired psychiatric disability, to include PTSD and a cognitive deficit. However, there is no probative evidence that any of these conditions are causally or etiologically related to service.
- Claimed conditions
- bilateral hearing loss, acquired psychiatric disability (to include PTSD and a cognitive deficit), sleep apnea, liver disorder, diabetes mellitus, diabetic neuropathy of the upper extremities, diabetic neuropathy of the lower extremities, skin cancer
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 13, 2017
- Citation
- 1757491
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 1757491.
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.
- Dismissed
The Veteran's appeal for service connection of bilateral hearing loss and a ruptured right ear drum was dismissed due to the death of the Veteran.
- Denied
The Board found that the Veteran's bilateral hearing loss was noted upon entry into active duty service and did not increase in severity during service. Therefore, it denied his claim for service connection.
- Remanded (sent back)
The Board has remanded the claims for bilateral hearing loss, migraine headaches, and PTSD due to additional development of records and examination.
- Remanded (sent back)
The Board has decided to remand the case due to insufficient evidence regarding the Veteran's bilateral hearing loss claim, specifically needing an addendum opinion from a VA examiner. The Veteran will be asked to provide any missing records and former employers' information.
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