The claim for a rating greater than 40 percent for residuals of traumatic brain injury (TBI) has been dismissed.,The claim to reopen the previously denied claim of entitlement to service connection for bilateral hearing loss is granted. The claim to reopen the previously denied claim of entitlement to service connection for muscle damage of the abdomen, claimed as stomach pain, stomach problems, is denied.

The deciding factor: The appellant withdrew her appeal with respect to the issue of entitlement to a rating greater than 40 percent for residuals of traumatic brain injury.,New and material evidence has been received to warrant the reopening of the previously denied claim for service connection for bilateral hearing loss. The appellant's husband provided a statement describing her symptoms, but this evidence was not considered new and material as it did not relate to an unestablished fact necessary to substantiate the claim.

Claimed conditions

{"condition_name":"Traumatic Brain Injury (TBI)","issues_on_appeal":["Rating for residuals of TBI"]}, {"condition_name":"Bilateral Hearing Loss","issues_on_appeal":["Entitlement to service connection","Rating greater than 40 percent"]}, {"condition_name":"Muscle Damage of the Abdomen (Stomach Pain)","issues_on_appeal":["Entitlement to service connection"]}, {"condition_name":"Bilateral Carpal Tunnel Syndrome","issues_on_appeal":["Service connection"]}, {"condition_name":"Cervical Spine Degenerative Disc Disease (DDD)","issues_on_appeal":["Service connection"]}, {"condition_name":"Osteochondritis Dissecans of the Left Foot","issues_on_appeal":["Rating greater than 30 percent"]}, {"condition_name":"Dry-Eye Syndrome, Status Post Removal of Chalazion","issues_on_appeal":["Compensable rating"]}

How they argued it

Direct service connection

Exposure basis

None

Rating assigned

None in this decision

Decision date

January 3, 2019

Citation

19100498