The Veteran's claim for service connection for a low back disability and TMJ syndrome has been reopened, and the claims are granted. The Veteran's bilateral hearing loss is also granted. Other conditions have either not met the criteria for a compensable rating or were remanded.
The deciding factor: New evidence was submitted that relates to an unestablished fact necessary to substantiate the claims of service connection for low back disability and TMJ syndrome, raising a reasonable possibility of substantiating these claims.
- Claimed conditions
- Low Back Disability, TMJ Syndrome (TMD), Bilateral Hearing Loss, Degenerative Disc Disease of the Cervical Spine, Bilateral Pes Planus with Heel Spurs and Degenerative Changes, Allergic Rhinitis, Diverticulitis and Large Bowel Obstruction with Gastroesophageal Reflux Disease (GERD) and Hiatal Hernia, Hemorrhoids, Malignant Neoplasm of the Ovary with Total Abdominal Hysterectomy and Bilateral Salpingo-Oophorectomy, Fibrocystic Breast Disease, Normochromia Normocytic Anemia, Anal Fissure, Headaches with Vertigo
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 30%
- Decision date
- January 17, 2019
- Citation
- 19104124
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 bilateral hearing loss and tinnitus, finding that the Veteran's conditions are related to in-service noise exposure.
- Denied
The Board denied the veteran's claims for a compensable rating for bilateral hearing loss, an initial rating in excess of 50 percent for PTSD, entitlement to TDIU, and SMC based on housebound status.
- Denied
The Board denied service connection for asbestosis, bronchitis, chronic obstructive pulmonary disease (COPD), rhinitis, sinusitis, and asthma. The Veteran's bilateral hearing loss was also denied a compensable rating.
- Denied
The Board denied service connection for various disabilities and denied higher ratings for several service-connected conditions.
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