The Veteran's appeal for service connection for an immune system disorder is denied.,Service connection for tinnitus is denied as it is not related to in-service noise exposure and the Veteran’s current tinnitus began many years after service.,Bilateral hearing loss (right ear) is not shown to be a disability for VA purposes, while left ear hearing loss is noted at entrance but does not show an increase in severity during service.,The issue of entitlement to increased initial rating for right knee chondromalacia patella is dismissed as the Veteran withdrew his appeal.,Service connection for head injury and brain tumor with residual memory loss, scar, slurred speech and headaches are remanded for additional development due to lack of specific medical examination or diagnosis.,Entitlement to service connection for muscle and joint pain is remanded for further evaluation.
The deciding factor: The preponderance of the evidence does not support a finding that an immune system disorder had its onset during service or is related to service. The Veteran's lay assertions are insufficient to trigger VA’s duty to provide an examination in this instance.,There was no significant threshold shift in right ear hearing loss while on active duty, and the February 2014 VA examiner concluded that it did not increase in severity during service. The Veteran's preexisting left ear hearing loss is presumed to have been aggravated by service based on entrance exam results showing a higher level of hearing loss than at separation.,The Veteran reported experiencing tinnitus since 2006 or 2007, and the February 2014 VA examiner concluded that it was not related to in-service noise exposure. The Veteran's lay assertions are insufficient to trigger VA’s duty to provide an examination in this instance.,There is no evidence of worsening left ear hearing loss during service, and the preexisting condition presumption does not apply as there were no significant threshold shifts in right ear hearing loss while on active duty.,The Veteran reported a head injury during service due to a ship going through a major storm. The February 2014 VA examiner concluded that it is less likely as not related to service exposure, with hearing protection, to noise from equipment, diesel engines, and jets.,The Veteran has been diagnosed with a brain tumor in 2005. He asserts he was exposed to chemicals during service, including during his work with 80-ton air conditioning units.
- Claimed conditions
- bilateral hearing loss, brain tumor with residual memory loss, scar, slurred speech and headaches, head injury, immune system disorder, muscle and joint pain, right knee chondromalacia patella, tinnitus
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- August 1, 2019
- Citation
- 19159900
Veterans Law Judge
Decisions by this judge: 915 · Granted: 38% (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 19159900.
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.
- Dismissed
The Veteran's appeal for service connection of bilateral hearing loss and a ruptured right ear drum was dismissed due to the death of the Veteran.
- Denied
The Board found that the Veteran's bilateral hearing loss was noted upon entry into active duty service and did not increase in severity during service. Therefore, it denied his claim for service connection.
- 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.
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