The Veteran's service-connected dermatitis or eczema is granted. The Veteran's scars, residual of gunshot wound to the left side, are not entitled to a compensable rating. The Veteran is granted TDIU based on his service-connected disabilities. The reduction in hearing loss rating from 20% to 0% is considered void ab initio.
The deciding factor: The Board found that the evidence was at least in equipoise as to whether the Veteran's current diagnosis of dermatitis or eczema is related to his service, granting service connection for this condition. The Veteran's scars were not deep and nonlinear enough to warrant a higher rating. The Veteran's TDIU claim was granted due to multiple service-connected disabilities preventing him from obtaining substantially gainful employment. The reduction in hearing loss rating was found to be improper as the procedural requirements under 38 C.F.R. § 3.105 were not followed.
- Claimed conditions
- Dermatitis or eczema, Scar - Residual of gunshot wound to the left side, Bladder cancer, Posttraumatic stress disorder (PTSD), Diabetes mellitus type II with peripheral circulatory disorders, Tinnitus, Peripheral neuropathy, left lower extremity associated with diabetes mellitus
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 10%
- Decision date
- January 10, 2019
- Citation
- 19102603
What this means for you
A grant means the Board agreed the veteran was entitled to the benefit. Decisions like this show the kind of evidence and arguments that tend to succeed for claims like it.
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 PTSD, resolving reasonable doubt in the Veteran's favor and finding that his PTSD is related to an in-service military sexual trauma (MST) during a period of ACDUTRA.
- 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.
- Partly granted
The Board granted readjudication of previously denied claims for service connection for PTSD and COPD, while remanding other issues including entitlement to service connection for an eye disorder, hypertension, tinnitus, a compensable rating for bilateral hearing loss, TDIU, and an initial rating for PTSD.
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