The Veteran's bilateral hearing loss disability is denied as the preponderance of evidence does not support a nexus between service and current hearing loss.,The Veteran's tinnitus is denied as there is no current diagnosis of tinnitus in the medical records.,The Veteran's asthma is denied as there is no evidence that it began during service or is related to an in-service injury, event, or disease.,Female reproductive system cancer (fallopian tube cancer and hysterectomy) is remanded for a determination on whether it is related to herbicide exposure.,Residuals of breast cancer are also remanded for a determination on whether they are related to herbicide exposure.
The deciding factor: The Veteran's current hearing loss disability was not shown until many years after discharge and the preponderance of evidence does not support a nexus between service and current hearing loss.,There is no current diagnosis of tinnitus in the medical records, and the Veteran has not provided credible testimony regarding her symptoms.,The Veteran's asthma is not related to an in-service injury or disease, as there is no evidence that she exhibited symptoms during service or was treated for asthma.,Female reproductive system cancer (fallopian tube cancer and hysterectomy) cannot be presumed due to lack of a diagnosis within one year of discharge. The claim must be reviewed on a direct basis with consideration of herbicide exposure.,Residuals of breast cancer are also not related to an in-service injury or disease, as there is no evidence that she exhibited symptoms during service or was treated for breast cancer.
- Claimed conditions
- bilateral hearing loss, tinnitus, asthma, female reproductive system cancer (fallopian tube cancer and hysterectomy), residuals of breast cancer
- How they argued it
- Presumptive (no nexus needed)
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 31, 2019
- Citation
- 19107255
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 tinnitus to correct a duty to assist error, as the Veteran's lay statements regarding onset and continuity of symptoms were not adequately considered in the previous decision.
- 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 tinnitus, cubital tunnel syndrome, right plantar fasciitis, and a right knee disability due to the lack of evidence supporting a nexus between these conditions and the Veteran's military service.
- Granted
The Board granted an effective date of April 25, 2022, for the award of service connection for tinnitus and a 100 percent initial rating for PTSD with alcohol use disorder.
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