The Veteran's claim for service connection for diabetic retinopathy was denied as there is no diagnosis of the condition in the record.,Right ear hearing loss and left ear hearing loss were not found to be present, thus denying service connection for these conditions.,A compensable evaluation (20 percent) for service-connected diabetes mellitus with nephropathy was granted but an effective date prior to January 22, 2014, is denied.,Service connection on a secondary basis for tinnitus was not established as the Veteran's hearing loss did not meet VA criteria for hearing loss disability.,Initial evaluations in excess of 20 percent were remanded for various service-connected conditions (left and right lower extremity peripheral vascular disease, diabetic peripheral neuropathy).,A TDIU claim was also remanded.
The deciding factor: There is no diagnosis of retinopathy in the record.,The evidence does not reflect current right ear hearing loss for VA benefits purposes.,Throughout the appeal period, the Veteran's service-connected left ear hearing loss manifested at level I and did not meet criteria for a compensable evaluation under VA regulations.,There is no current disability of tinnitus that meets the criteria for an increased rating as per Diagnostic Code 6260.,The effective date for the award of a compensable evaluation for diabetic nephropathy was denied due to lack of factual ascertainability prior to January 22, 2014.,Service connection on a secondary basis for tinnitus could not be established as the Veteran's hearing loss did not meet VA criteria for hearing loss disability.
- Claimed conditions
- diabetic retinopathy, right ear hearing loss, left ear hearing loss, service-connected diabetes mellitus with nephropathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 9, 2020
- Citation
- 20002102
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 appeal for a compensable rating for left ear hearing loss, service connection for right ear hearing loss, and bilateral vision condition was dismissed. Service connection for hypertension, congestive heart failure, and coronary artery disease was denied.
- Partly granted
The Board granted a 20 percent disability rating for left and right lower extremity radiculopathy from April 3, 2023 onward, but denied higher ratings prior to that date. Service connection was also granted for alcohol use disorder as secondary to PTSD with traumatic brain injury.
- Remanded (sent back)
The Board remands the claim for service connection of left ear hearing loss due to a pre-decisional duty to assist error, as an addendum opinion is necessary to address evidence of in-service hearing loss and convert audiometric testing results from ASA to ISO-ANSI standards.
- Granted
The Board granted service connection for right ear hearing loss, resolving reasonable doubt in the Veteran's favor based on a finding of etiological relation to in-service noise exposure.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.