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

{"condition_name":"immune system disorder","diagnosis_notes":"The Veteran has not been afforded a VA examination with respect to this claim. There is no evidence, other than the Veteran’s lay assertions, of either a current diagnosis or in-service incurrence or aggravation of an injury or disease."}, {"condition_name":"tinnitus","diagnosis_notes":"The Veteran reported experiencing tinnitus during the course of the appeal. The February 2014 VA examination report indicates that it is less likely as not related to service exposure, with hearing protection, to noise from equipment, diesel engines, and jets."}, {"condition_name":"bilateral hearing loss","diagnosis_notes":"The Veteran does not have a current diagnosis of right ear hearing loss for VA purposes. The left ear hearing loss (60 decibels at 4000 Hertz) was also noted on the Veteran’s January 1986 enlistment examination."}, {"condition_name":"right knee chondromalacia patella","diagnosis_notes":"The issue of entitlement to an increased initial rating for right knee chondromalacia patella is dismissed. The Veteran had appealed the initial rating assigned for this disability, but submitted correspondence stating that he wished to withdraw his appeal."}, {"condition_name":"head injury","diagnosis_notes":"The Veteran has reported a head injury during service in July 1987 due to a ship going through a major storm. His service treatment records document the report of a head injury on his February 1990 separation examination."}, {"condition_name":"brain tumor with residual memory loss, scar, slurred speech and headaches","diagnosis_notes":"The Veteran has been diagnosed with a brain tumor in 2005. He has asserted that he was exposed to chemicals during service, including during his work with 80-ton air conditioning units."}, {"condition_name":"muscle and joint pain","diagnosis_notes":"The Veteran has reported muscle and joint pain issues. No specific diagnosis or examination is mentioned in the provided text for this condition."}

How they argued it

Not specified

Exposure basis

None

Rating assigned

None in this decision

Decision date

August 1, 2019

Citation

19159900

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.