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 right arm limitation of motion or other impairment. Service connection is denied.,For the entire appeal period, the Veteran's right knee disability reasonably manifested painful motion and extension limited to 10 degrees; however, it did not result in ankylosis, recurrent subluxation, lateral instability, a cartilage condition, a tibia or fibula impairment, or genu recurvatum. Service connection is denied.,The Veteran's service-connected tinnitus is currently evaluated at 10 percent disabling, 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.
- 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
Veterans Law Judge
Decisions by this judge: 2,569 · Granted: 26% (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 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
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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 bilateral hearing loss, migraine headaches, and PTSD due to additional development of records and examination.
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