The Veteran's claims for hearing loss, tinnitus, respiratory disorder (asbestos), skin cancer, ruptured groin, left index finger amputation, double compound fracture of the right lower leg, diabetes mellitus type II, and syncope were denied. The VA found no evidence to support service connection for these conditions.
The deciding factor: The Veteran's hearing loss was rated at 0 percent as level I in both ears, which is the lowest possible rating under the applicable criteria. For tinnitus, a maximum 10 percent rating has been assigned and cannot be increased further. The VA found no evidence of asbestos-related respiratory disorder or skin cancer onset during service or within one year post-service discharge. Service connection was denied for syncope as there was no evidence prior to June 10, 2014, that could be construed as a formal or informal claim.
- Claimed conditions
- Hearing Loss, Tinnitus, Respiratory Disorder (Asbestos), Skin Cancer, Ruptured Groin, Left Index Finger Amputation, Double Compound Fracture, Right Lower Leg, Diabetes Mellitus Type II, Syncope
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 0%
- Decision date
- January 4, 2019
- Citation
- 19100740
What this means for you
A denial is a starting point, not the end of the road. You can see why this claim fell short — and, if you are still inside the one-year window, the appeal lanes that may remain open to you.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- 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 denied an increased disability evaluation for PTSD but granted an earlier effective date for TDIU of August 6, 2012.
- 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.
- Partly granted
The Board denied an initial increased rating for diabetes mellitus type II and remanded the claims for service connection for obstructive sleep apnea, right shoulder strain with acromioclavicular joint osteoarthritis and tendinitis, cervical spine spondylosis, left knee degenerative arthritis, right knee degenerative arthritis, and thoracolumbar scoliosis and lumbar spine degenerative changes.
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