The Veteran's bilateral hearing loss is granted as service-connected.,The Veteran's respiratory disability, presumed to be due to asbestos exposure in service, is denied.,The Veteran's headache disability is granted as service-connected.,The Veteran's acquired psychiatric disability (including PTSD, depression, and anxiety) is denied.
The deciding factor: The Veteran has already been service-connected for tinnitus based on in-service noise exposure. The Board found that the March 2013 VA examination was inadequate and granted the benefit of doubt to find a relationship between bilateral hearing loss and service.,There is no evidence indicating that there is a relationship between the Veteran’s asbestos exposure and a respiratory disability, as he did not have a diagnosis of asthma until after service. The Board found that his current respiratory disability is not related to any period of his active duty, including any asbestos exposure.,The Veteran's headache disability was conceded in service due to an occipital injury. Post-service treatment records continue to show complaints of headaches. The August 2017 VA examiner concluded the Veteran does not have a diagnosis of PTSD and provided a negative etiological opinion regarding his headache disability.,There is no evidence indicating that the Veteran engaged in combat or experienced fear of hostile military activity, nor was there credible supporting evidence for any claimed stressor related to service. The August 2017 VA examiner concluded the Veteran does not have PTSD.
- Claimed conditions
- bilateral hearing loss, respiratory disability, headache disability, an acquired psychiatric disability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 7, 2019
- Citation
- 19109684
Veterans Law Judge
Decisions by this judge: 1,037 · Granted: 21% (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 19109684.
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.
- 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 bilateral hearing loss, migraine headaches, and PTSD due to additional development of records and examination.
- Remanded (sent back)
The Veteran's claims regarding entitlement to service connection for a headache disability and entitlement to an initial disability rating in excess of 10 percent prior to May 29, 2014, and in excess of 20 percent thereafter for right tibiofibular ligament strain are being remanded due to the need for additional development.
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