The Board denied the Veteran's claims for service connection for a back disorder, bilateral hearing loss, and tinnitus due to lack of credible evidence showing that his pre-existing back disability was aggravated by active duty service. The decision also noted remanded issues regarding service connection for bilateral hearing loss and tinnitus.
The deciding factor: The Board found the Veteran's statements about aggravation of a pre-existing back disorder during service were not credible, as they contradicted his own earlier reports of prior back injuries and his signature on a service discharge form indicating he was erroneously inducted due to a pre-existing condition. The Board also noted that the February 26, 1973, service Medical Board Proceedings report found no aggravation by active duty.
- Claimed conditions
- back disorder, bilateral hearing loss, tinnitus
- How they argued it
- Aggravation of a pre-existing condition
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- August 22, 2019
- Citation
- 19165190
Veterans Law Judge
Decisions by this judge: 2,035 · Granted: 30% (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 19165190.
What this means for you
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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.
- Remanded (sent back)
The Board has remanded the case due to the need for additional development, including obtaining SSA records and providing proper notice regarding secondary service connection.
- 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.
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