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
Veterans Law Judge
Decisions by this judge: 2,156 · Granted: 29% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
This is a plain-language summary generated by AI from a public Board of Veterans’ Appeals decision. It can contain errors — always verify against the original. Look up the original decision on VA.gov (opens in a new tab) using 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.
- Dismissed
The Veteran's appeal for service connection of bilateral hearing loss and a ruptured right ear drum was dismissed due to the death of the Veteran.
- Denied
The Board found that the Veteran's bilateral hearing loss was noted upon entry into active duty service and did not increase in severity during service. Therefore, it denied his claim for service connection.
- Remanded (sent back)
The Board has remanded the claims for service connection for hearing loss, tinnitus, and an acquired psychiatric disorder due to incomplete medical records and need for further examination.
- Denied
The Board denied the Veteran's claims for service connection for tinnitus, arthritis, and memory loss. The decision found no evidence linking these conditions to his military service.
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