Service connection is denied for bilateral pes planus, lumbar strain, scoliosis, bilateral ankle disorder (shin splints), fibromyalgia, and bilateral hearing loss. Service connection is granted for tinnitus.,The Veteran's pes planus was noted at the time of entrance into service but did not permanently worsen in active service.
The deciding factor: There is no clear and unmistakable evidence that the preexisting pes planus worsened during active service, as it returned to baseline shortly after separation from service. The Veteran's reports of increased foot pain in active service are consistent with other evidence of record indicating normal imaging and examination findings.
- Claimed conditions
- Bilateral pes planus, Lumbar strain, Scoliosis, Bilateral ankle disorder (shin splints), Fibromyalgia, Bilateral hearing loss, Tinnitus
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 10, 2019
- Citation
- 19102545
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 earlier effective dates of November 5, 2021, for the grants of service connection and eligibility for DEA benefits.
- Denied
The Board denied the veteran's claim for service connection for bilateral hearing loss, as there was no evidence of a current disability in the right ear and insufficient evidence to establish a nexus between the left ear hearing loss and service.
- 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.
- Remanded (sent back)
The Board remands the matter for a medical clarification regarding whether the Veteran's service-connected epilepsy has aggravated his bilateral hearing loss.
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