The Veteran's bilateral hearing loss claim is denied as he does not have a current disability recognized for VA purposes.,The Veteran's claims for compensation under 38 U.S.C. § 1151 for erectile dysfunction, residuals of failed ileoanal reservoir, PTSD, and recurrent ventral hernia repair are all denied due to lack of causation by VA care or treatment.,The Veteran's claim for service connection for PTSD is remanded as the evidence does not establish a link between his military service and his current condition.
The deciding factor: Service connection requires proof of current disability, in-service injury or disease, and a relationship between the two. The Veteran did not have bilateral hearing loss to an extent recognized by VA throughout the pendency of the claim.,The evidence does not establish that any of the disabilities were caused by VA care or treatment. The causation element under 38 U.S.C. § 1151 is satisfied if the disability was proximately caused by VA's fault or an unforeseen event, but in this case there is no evidence to support such a claim.,The Veteran did not provide sufficient evidence to establish that his PTSD is related to military service.
- Claimed conditions
- bilateral hearing loss, PTSD, residuals of failed ileoanal reservoir, residuals of recurrent ventral hernia repair, erectile dysfunction
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 16, 2019
- Citation
- 19103941
What this means for you
A remand is not a loss. The Board sent the case back for more development — often a new exam or missing records — before making a final decision. Many remands later end in a grant, and the decision spells out exactly what the Board wanted to see.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The Board remands the claim for service connection for an acquired psychiatric disorder to ensure a proper examination and etiology opinion are provided.
- Partly granted
The Board granted service connection for PTSD, generalized anxiety disorder, and somatic symptom disorder, as well as presumptive service connection for basal cell carcinoma under the PACT Act. Service connection was denied for chronic fatigue syndrome, irritable bowel syndrome, right restless leg syndrome, left restless leg syndrome, an increased rating for psychiatric disorder, bilateral hearing loss, a left forehead surgical scar, and allergic rhinitis.
- Dismissed
The Veteran withdrew the appeals for service connection for bilateral pes planus, obstructive sleep apnea, bilateral hearing loss, tinnitus, and chronic obstructive pulmonary disease (COPD).
- Denied
The Board denied service connection for multiple conditions, including bilateral hearing loss and various musculoskeletal issues, as well as an initial rating in excess of 0 percent for rhinitis. However, the Board granted a 70 percent rating for posttraumatic stress disorder (PTSD).
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