The Veteran's initial compensable rating for bilateral hearing loss was denied.,An initial rating in excess of 10 percent for tinnitus was also denied.,Service connection for colon cancer, bladder cancer, and lung cancer were all denied.,Service connection for left knee disorder and right knee disorder were both denied.,Service connection for a left ankle disorder was not addressed as it did not meet the criteria for service connection.
The deciding factor: The Veteran's hearing loss was rated at level I, which is noncompensable under VA rating criteria. The examiner found that the testing results from 2016 were unreliable.,The Veteran’s tinnitus was rated at 10 percent, as it did not meet the criteria for a higher rating based on his subjective complaints and functional effects.,There was no evidence linking the Veteran's cancers to service or exposure to chemicals. The claim for lung cancer was denied due to lack of credible reports regarding asbestos exposure.,The Veteran’s knee disorders were not linked to service, as there was no indication that they manifested during active duty or INACDUTRA and no specific incident attributed to service.,Service connection for a left ankle disorder was not addressed as it did not meet the criteria for service connection.
- Claimed conditions
- bilateral hearing loss, tinnitus, colon cancer, bladder cancer, lung cancer, left knee disorder, right knee disorder, left ankle disorder
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 18, 2019
- Citation
- 19130429
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.
- Granted
The Board granted service connection for the cause of the Veteran's death, finding that his lung cancer was related to his service-connected melanoma.
- 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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