The Veteran's appeals for effective dates prior to July 1, 2016 for bilateral hearing loss disability and tinnitus have been dismissed.,The petition to reopen the claim for service connection for lumbar spine degenerative arthritis and DDD is denied.,The petition to reopen the claim for service connection for prostate cancer is granted. The issue of service connection for prostate cancer is reopened, but not decided on its merits due to remand.,The Veteran's claims for upper respiratory infection and pharyngitis are denied.,The Veteran's claim for cholecystitis is denied.,The Veteran's claim for diverticulitis is denied.,The Veteran's claim for basal cell carcinoma is denied.,The appeal for service connection for coronary artery disease is remanded.,The appeal for service connection for erectile dysfunction is remanded.,The Veteran's reopened petition for service connection for prostate cancer is granted. The issue of service connection for prostate cancer is not decided on its merits due to remand.,The appeal for an increased rating for bilateral hearing loss disability is remanded.
The deciding factor: The Veteran withdrew his appeals for effective dates prior to July 1, 2016 for bilateral hearing loss disability and tinnitus at the January 2019 Board videoconference hearing.,The November 2011 rating decision is final as it denied service connection for lumbar spine degenerative arthritis and DDD due to lack of new and material evidence showing a nexus with service. The Veteran's subsequent claims were not considered because they did not present new and material evidence.,The April 2016 rating decision confirmed the denial of service connection for prostate cancer as there was no current diagnosis at that time, despite the Veteran having been diagnosed with prostate cancer in late 2015. The claim is reopened but denied due to lack of support from Agent Orange exposure.,The evidence does not show a current diagnosis of upper respiratory infection and pharyngitis. The Veteran's claims for these conditions are denied.,There is no evidence showing the Veteran worked near the perimeter of the base in Thailand where he was stationed, which would provide support for a presumptive grant of service connection based on Agent Orange exposure. The claim for cholecystitis is denied.,The evidence does not show a current diagnosis of diverticulitis. The Veteran's claim for this condition is denied.,There is no evidence showing the Veteran worked near the perimeter of the base in Thailand where he was stationed, which would provide support for a presumptive grant of service connection based on Agent Orange exposure. The claim for basal cell carcinoma is denied.,The appeal for service connection for coronary artery disease is remanded due to lack of new and material evidence showing a nexus with service.,The appeal for service connection for erectile dysfunction is remanded due to lack of new and material evidence showing a nexus with service.,The Veteran's reopened petition for service connection for prostate cancer is granted. The issue of service connection for prostate cancer is not decided on its merits due to remand.,The appeal for an increased rating for bilateral hearing loss disability is remanded due to lack of new and material evidence showing a nexus with service.
- Claimed conditions
- bilateral hearing loss disability, tinnitus, upper respiratory infection, pharyngitis, cholecystitis, diverticulitis, basal cell carcinoma, prostate cancer
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 15, 2019
- Citation
- 19129126
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.
- 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.
- 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.
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