Service connection for lumbar spine disability and left knee disability is granted as new and material evidence has been received.,Service connection for left shoulder disability, cervical spine disability, bilateral hip disability, bilateral hearing loss, hypertension, and sleep apnea are denied. Service connection for acquired psychiatric disability is granted.,A rating more than 20 percent for a right shoulder disability is denied, as well as a rating more than 10 percent for right knee disability and tinnitus. A compensable rating for hemorrhoids is denied, and a rating more than 30 percent for herpes is denied.,TDIU is remanded.
The deciding factor: New and material evidence has been received to reopen the claims for service connection for lumbar spine and left knee disabilities. The preponderance of the evidence does not support finding that these conditions began during or are otherwise related to service.,The weight of the evidence does not indicate that the Veteran’s hypertension either began during, or was caused by his military service. Service connection is denied.,The evidence reasonably shows that the Veteran's sleep apnea is related to muscle relaxants taken for his service-connected disabilities and current depression. Service connection is granted.,The evidence reasonably shows that the Veteran’s psychiatric disability is related to his service-connected disabilities. Service connection is granted.,For the entire appeal period, exclusive of a temporary 100 percent rating from February 25, 2014, to June 1, 2014, the most probative evidence does not show that the Veteran’s right shoulder disability has been productive of certain limitations. Service connection is denied.,For the entire appeal period, the Veteran's right knee disability reasonably manifested painful motion and limited extension function. Service connection is denied.,The Veteran's service-connected tinnitus is currently evaluated at 10 percent disabling, which is the maximum evaluation authorized. Service connection is denied.,The criteria for a compensable rating for hemorrhoids have not been met. Service connection is denied.,The criteria for a rating more than 30 percent for herpes have not been met. Service connection is denied.,No formal or informal claim for service connection for tinnitus was received prior to March 15, 2016. An effective date earlier than that date has not been established. Service connection is denied.
- Claimed conditions
- lumbar spine disability, degenerative joint disease (DJD), left knee, left shoulder disability, cervical spine disability, bilateral hip disability, bilateral hearing loss, hypertension, sleep apnea, acquired psychiatric disability
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 31, 2019
- Citation
- 19107545
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 an effective date of October 21, 2021, for the grant of service connection for hypertension.
- Dismissed
The appeal for a compensable rating for left ear hearing loss, service connection for right ear hearing loss, and bilateral vision condition was dismissed. Service connection for hypertension, congestive heart failure, and coronary artery disease was denied.
- Denied
The Board denied service connection for various conditions, including prostate cancer and related disabilities, urinary incontinence, sleep apnea, hypertension, varicose veins, lumbar spine disability, hip arthritis, shoulder arthritis, ankle arthritis, knee strain, knee replacement, and hand arthritis. The only condition granted was a 10 percent rating for a fracture of the right proximal first metacarpal.
- 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).
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