The Veteran's service connection for a low back disability is granted.,An initial compensable rating for bilateral hearing loss disability prior to February 26, 2018 and thereafter is denied.,An initial compensable rating for kidney stones prior to February 26, 2018 is denied. A rating in excess of 10 percent thereafter is remanded.,Initial ratings in excess of 10 percent for left shoulder disability, neck disability, left knee disability, and right knee disability are remanded.
The deciding factor: The Veteran's service connection claim for a low back disability was granted as it was presumed to be related to his service in Southwest Asia.,The Veteran's bilateral hearing loss disability did not meet the criteria for an initial compensable rating prior to February 26, 2018 and thereafter due to no significant improvement in hearing impairment levels.,For kidney stones, a pre-February 26, 2018 rating of 10 percent was granted based on occasional attacks of colic. A higher rating is remanded as the condition has improved since then.,The Veteran's left shoulder, neck, left knee, and right knee disabilities were not rated due to insufficient evidence provided by the VA examinations.
- Claimed conditions
- Low back pain, Bilateral hearing loss disability, Kidney stones
- How they argued it
- Presumptive (no nexus needed)
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- June 13, 2019
- Citation
- 19146050
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 Board dismissed the Veteran's appeals for service connection for bilateral hearing loss disability and tinnitus due to a lack of jurisdiction.
- Denied
The Board denied service connection for a bilateral hearing loss disability as the evidence did not support a nexus between the disability and service.
- Partly granted
The Board denied service connection for bilateral hearing loss and a heart disability, granted service connection for bilateral tinnitus and right knee osteochondritis dissecans, anterior cruciate ligament (ACL) tear s/p ACL reconstruction, and denied an initial rating in excess of 50 percent for posttraumatic stress disorder with generalized anxiety disorder.
- Remanded (sent back)
The Board remands the claims for service connection for a bilateral hearing loss disability and tinnitus to correct pre-decisional errors in fulfilling its duty to assist the appellant with the development of his claims.
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