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 lack of new and material evidence.,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 appeal for service connection for prostate cancer is remanded.,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 the award of service connection for bilateral hearing loss disability and tinnitus at a Board hearing.,The November 2011 rating decision was final as it denied entitlement to service connection for lower back disability due to lack of new and material evidence showing a nexus with service.,New and material evidence has not been presented to reopen the claim for service connection for lumbar spine degenerative arthritis and DDD. The Veteran's inservice fall down stairs is considered in prior VA examinations, and his current reports are duplicative.,New and material evidence has been received since the final November 2011 rating decision showing a current diagnosis of prostate cancer, which was previously denied due to lack of current diagnosis.,The Veteran's claims for upper respiratory infection and pharyngitis were not substantiated by the evidence presented.,The Veteran's claim for cholecystitis was not substantiated by the evidence presented.,The Veteran's claim for diverticulitis was not substantiated by the evidence presented.,The Veteran's claim for basal cell carcinoma was not substantiated by the evidence presented.,Service connection is remanded due to lack of current diagnosis and inservice fall down stairs considered in prior VA examinations.,Service connection is remanded due to lack of current diagnosis and inservice fall down stairs considered in prior VA examinations.,Service connection is remanded due to lack of current diagnosis and inservice fall down stairs considered in prior VA examinations.
- Claimed conditions
- bilateral hearing loss disability, tinnitus, upper respiratory infection and pharyngitis, cholecystitis, diverticulitis, basal cell carcinoma, prostate cancer
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 15, 2019
- Citation
- 19129126
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 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.
- Remanded (sent back)
The Board has decided to remand the case due to inadequate medical opinions regarding the Veteran's basal cell carcinoma. The Veteran is seeking service connection for this condition, which he claims was caused by exposure to water-based contaminants at Camp Lejeune during his military service.
- 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.
- Granted
The Veteran's tinnitus is granted as service connected. The issues of foot disability and cardiovascular disorder are remanded for additional development.
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