The Board has granted service connection for bilateral hearing loss and bilateral recurrent tinnitus, finding that the Veteran's current conditions are related to his military service. Service connection was denied for right ankle disability including osteoarthritis due to a clear and unmistakable error in attributing an injury to the left ankle.
The deciding factor: The Board found that there is no indication in the STRs that the Veteran sprained his right ankle, and the photographs are of poor quality and cannot determine which ankle was injured. The Board determined this constituted a clear and unmistakable error in attributing the injury to the left ankle.
- Claimed conditions
- bilateral hearing loss, bilateral recurrent tinnitus, right ankle disability including osteoarthritis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 28, 2019
- Citation
- A19002292
What this means for you
A grant means the Board agreed the veteran was entitled to the benefit. Decisions like this show the kind of evidence and arguments that tend to succeed for claims like it.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Dismissed
The Veteran withdrew the appeals for service connection for bilateral pes planus, obstructive sleep apnea, bilateral hearing loss, tinnitus, and chronic obstructive pulmonary disease (COPD).
- Denied
The Board denied service connection for multiple conditions, including bilateral hearing loss and various musculoskeletal issues, as well as an initial rating in excess of 0 percent for rhinitis. However, the Board granted a 70 percent rating for posttraumatic stress disorder (PTSD).
- Partly granted
The Veteran's tinnitus is granted, while fibromyalgia, internal or external hemorrhoids, bilateral hearing loss, and neuropathy are denied.
- Granted
The Board granted service connection for bilateral hearing loss, finding it at least as likely as not related to the Veteran's in-service noise exposure.
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