The Veteran's bilateral hearing loss disability is not service-connected as it did not manifest during active service and there is no evidence of a chronic disease within one year of separation. The head scar, TBI, lumbar degenerative disc disease, major depressive disorder, tension headaches, neurogenic bladder, left sciatic nerve radiculopathy, left femoral nerve radiculopathy, right sciatic nerve radiculopathy, and right femoral nerve radiculopathy are not service-connected as they did not manifest during active service or within one year of separation. The Veteran's erectile dysfunction is remanded for further review.,The effective dates for the Veteran's service connection claims for various conditions were denied due to lack of prior receipt of claims.
The deciding factor: The May 2015 VA examiner found that the Veteran’s hearing loss disability was less likely than not related to his active service, citing a normal hearing test post-service in 1987 and explaining that hearing loss was first documented through objective testing in 1994. The August 2014 private medical opinion provided no supporting rationale and did not address the post-service 1987 hearing test which documented normal hearing.,The effective dates for service connection were denied as there is no evidence of prior receipt of claims.
- Claimed conditions
- Bilateral Hearing Loss Disability, Head Scar, Traumatic Brain Injury (TBI), Lumbar Degenerative Disc Disease, Major Depressive Disorder, Tension Headaches, Neurogenic Bladder, Left Sciatic Nerve Radiculopathy, Left Femoral Nerve Radiculopathy, Right Sciatic Nerve Radiculopathy, Right Femoral Nerve Radiculopathy, Tinnitus
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 2, 2019
- Citation
- 19100334
What this means for you
A remand is not a loss. The Board sent the case back for more development — often a new exam or missing records — before making a final decision. Many remands later end in a grant, and the decision spells out exactly what the Board wanted to see.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Board granted a rating of 70 percent for posttraumatic stress disorder (PTSD) and traumatic brain injury (TBI), as the Veteran's symptoms most nearly approximated occupational and social impairment with deficiencies in most areas.
- Granted
The Veteran was granted a disability rating of 70 percent for posttraumatic stress disorder and major depressive disorder, effective October 24, 2017. The Board also granted a total disability rating based on individual unemployability due to service-connected disabilities.
- Granted
The Board granted service connection for bilateral hearing loss and tinnitus, finding that the Veteran's conditions are related to in-service noise exposure.
- Partly granted
The Board granted an effective date of May 17, 2019, for a 70 percent disability rating for PTSD but denied earlier effective dates for service connection for bilateral hearing loss and tinnitus.
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