The Veteran's claims for increased ratings and service connection have been denied. The Board has found no evidence of a compensable rating for bilateral hearing loss or a higher rating for tinnitus. Service connection is remanded for the remaining issues.
The deciding factor: The decision does not provide specific reasoning for each issue, but generally states that there is no legal basis to award a higher schedular evaluation for tinnitus and that VA examinations are warranted for the other claims due to potential service connection based on exposure to contaminated water and soil at Camp Pendleton.
- Claimed conditions
- {"condition_name":"Bilateral Hearing Loss","date_of_onset":null,"diagnosis":"Essentially normal hearing acuity in both ears"}, {"condition_name":"Tinnitus","date_of_onset":null,"diagnosis":"Present, assigned a single 10 percent rating"}, {"condition_name":"Bilateral Shoulder Disability","date_of_onset":null,"diagnosis":"Not addressed in the decision"}, {"condition_name":"Bilateral Foot Disability","date_of_onset":null,"diagnosis":"Not addressed in the decision"}, {"condition_name":"Bilateral Arm Disability","date_of_onset":null,"diagnosis":"Not addressed in the decision"}, {"condition_name":"Bilateral Eye Disability","date_of_onset":null,"diagnosis":"Not addressed in the decision"}, {"condition_name":"Hypertension","date_of_onset":null,"diagnosis":"Not addressed in the decision"}, {"condition_name":"Erectile Dysfunction","date_of_onset":null,"diagnosis":"Past medical history of erectile dysfunction, not currently diagnosed"}, {"condition_name":"Sleep Disorder (to include Sleep Apnea)","date_of_onset":null,"diagnosis":"Not addressed in the decision"}, {"condition_name":"Dizziness","date_of_onset":null,"diagnosis":"Not addressed in the decision"}, {"condition_name":"Acquired Psychiatric Disorder (to include Depression)","date_of_onset":null,"diagnosis":"Not addressed in the decision"}, {"condition_name":"Missing Teeth","date_of_onset":null,"diagnosis":"Incidence of loss of teeth is a condition that the Veteran is competent to report upon, but not currently diagnosed"}
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- June 6, 2019
- Citation
- 19143891
What this means for you
A denial is a starting point, not the end of the road. You can see why this claim fell short — and, if you are still inside the one-year window, the appeal lanes that may remain open to you.
What you can do next
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