The Veteran's claim for service connection for pulmonary hypertension was denied in November 2008, but new and material evidence was received after the one-year deadline. The claim is reopened.,Service connection for hypertension has been granted secondary to DM II with an effective date of March 5, 2012, which aligns with the grant of service connection for ED.,The Veteran's claim for SMC based on loss of use of a creative organ was denied as it is predicated on his service-connected ED, which has an effective date of March 5, 2012.,Service connection for prostate disability and psychiatric disorder have not been established. The Veteran’s left ear hearing loss does not meet the criteria for a compensable rating.,The Veteran's CAD was not manifested by specific symptoms warranting a higher rating prior to January 10, 2017. His hypertension is currently treated with medication but does not require additional restrictions.,DM II has been treated with oral medications and restricted diet but no regulation of activities are required. The Veteran’s ED has not resulted in deformity of the penis.,The psychiatric disorder has manifested as occupational and social impairment, warranting a rating in excess of 30 percent.
The deciding factor: No new or material evidence was received within one year of the November 2008 denial to reopen the claim for service connection for pulmonary hypertension.,The effective date is March 5, 2012, as it aligns with the grant of service connection for ED and SMC based on loss of use of a creative organ.,Service connection for prostate disability and psychiatric disorder have not been established. The Veteran’s left ear hearing loss does not meet the criteria for a compensable rating.,The effective date is March 5, 2012, as it aligns with the grant of service connection for ED and SMC based on loss of use of a creative organ.,No specific symptoms warranting a higher rating were present prior to January 10, 2017. The Veteran’s hypertension is currently treated but does not require additional restrictions.,ED has not resulted in deformity of the penis. Service connection for prostate disability and psychiatric disorder have not been established.,The psychiatric disorder manifests as occupational and social impairment warranting a rating in excess of 30 percent.
- Claimed conditions
- pulmonary hypertension, genitourinary condition (testicular cancer and prostate biopsy), hypertension, ED (erectile dysfunction), psychiatric disorder
- How they argued it
- Secondary to another service-connected condition
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 8, 2019
- Citation
- 19101424
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 an effective date of October 21, 2021, for the grant of service connection for hypertension.
- Dismissed
The appeal for a compensable rating for left ear hearing loss, service connection for right ear hearing loss, and bilateral vision condition was dismissed. Service connection for hypertension, congestive heart failure, and coronary artery disease was denied.
- Denied
The Board denied service connection for various conditions, including prostate cancer and related disabilities, urinary incontinence, sleep apnea, hypertension, varicose veins, lumbar spine disability, hip arthritis, shoulder arthritis, ankle arthritis, knee strain, knee replacement, and hand arthritis. The only condition granted was a 10 percent rating for a fracture of the right proximal first metacarpal.
- Partly granted
The Board granted service connection for headaches and increased ratings for left shoulder rotator cuff tear, right shoulder rotator cuff tear, hypertension, and left and right leg restless leg syndrome. The Board denied a compensable rating for bilateral hearing loss and an initial rating in excess of 70 percent for posttraumatic stress disorder.
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