The Veteran's appeal for a rating in excess of 10 percent for bilateral tinnitus has been dismissed due to the Veteran's withdrawal request.,The Veteran's appeal for service connection for a skin disorder, claimed as a wart like growth, has been dismissed due to the Veteran's withdrawal request.,A 10 percent rating is granted for the Veteran's right knee disability, effective from April 26, 2013.,The Veteran's claim for service connection for a left knee disorder secondary to his right knee disability is remanded.,The Veteran's claim for service connection for a lumbar spine disorder secondary to his right knee disability is remanded.,The Veteran's claim for service connection for bilateral hearing loss is remanded.
The deciding factor: The Veteran requested withdrawal of the claims for a rating in excess of 10 percent for bilateral tinnitus and service connection for a skin disorder, claimed as a wart like growth, prior to the Board's decision.,Throughout the pendency of this claim, the Veteran’s right knee disorder has been manifested by pain with x-rays confirming the presence of arthritis. The Veteran is ineligible for a compensable rating under the diagnostic codes for range of motion but can receive a 10 percent rating based on arthritis.,The Veteran's private clinical records show his reports of chronic back pain, and no opinion was sought as to the nature or etiology of any lumbar spine disorder. The Board cannot make a fully-informed decision without an opinion from a VA examiner regarding whether the right knee disability has caused or aggravated any left knee disorder or low back disorder.,The Veteran's service treatment records show hearing loss in both ears at entry, and no pre-existing injury or disease was noted during his service. The burden is on VA to establish by clear and unmistakable evidence that it did not or that any increase was due to the natural progress of the disability.
- Claimed conditions
- bilateral tinnitus, skin disorder (wart like growth), right knee disability, left knee disorder, lumbar spine disorder
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 10%
- Decision date
- October 1, 2019
- Citation
- 19175901
What this means for you
A partial grant means some issues were granted while others were denied or remanded — common in multi-issue claims. Look at which issues went which way, and how each was argued.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Board denied service connection for tinnitus, cubital tunnel syndrome, right plantar fasciitis, and a right knee disability due to the lack of evidence supporting a nexus between these conditions and the Veteran's military service.
- Denied
The Board denied service connection for multiple conditions, including bilateral hearing loss and various musculoskeletal issues, as well as an initial rating in excess of 0 percent for rhinitis. However, the Board granted a 70 percent rating for posttraumatic stress disorder (PTSD).
- Remanded (sent back)
The Board remands the claims for service connection for various disabilities to the AOJ for further development and consideration of evidence not previously considered.
- Partly granted
The Board granted service connection for right knee, right hip, and lumbar spine disabilities as secondary to the Veteran's service-connected left knee disability but denied a rating in excess of 30 percent for his left knee disability prior to April 25, 2019.
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