The Board denied the Veteran's request to reopen his previously denied § 1151 claim for right eye disability, denied service connection for bilateral hearing loss, diabetes mellitus type II, hypertension/dizziness, both knee disabilities, lumbar spine disability, and left eye disability, and granted service connection for tinnitus. The Board also approved withdrawal of claims for heart disability and colon cancer.
The deciding factor: The Board found that new medical evidence submitted in November 2019 was not material to reopen the right eye disability claim, that bilateral hearing loss was not etiologically related to in-service noise exposure based on the VA examiner's opinion and the Veteran's post-service medical history, that tinnitus was granted because the evidence was at equipoise and tinnitus is observable by lay persons, and that diabetes, hypertension, and the other conditions were not incurred in service as they were not documented at separation or diagnosed only 20-45 years after service separation.
- Claimed conditions
- right eye disability, right eye surgery, bilateral hearing loss, tinnitus, diabetes mellitus type II, hypertension, dizziness, left knee disability, right knee disability, lumbar spine disability, left eye disability, heart disability, colon cancer
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 14, 2020
- Citation
- 20003275
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.
- Granted
The Board granted an effective date of October 21, 2021, for the grant of service connection for hypertension.
- 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.
- Denied
The Board denied service connection for various conditions, including prostate cancer and related disabilities, urinary incontinence, sleep apnea, hypertension, varicose veins, lumbar spine disability, hip arthritis, shoulder arthritis, ankle arthritis, knee strain, knee replacement, and hand arthritis. The only condition granted was a 10 percent rating for a fracture of the right proximal first metacarpal.
- Remanded (sent back)
The Board remands the claim for service connection for tinnitus to correct a duty to assist error, as the Veteran's lay statements regarding onset and continuity of symptoms were not adequately considered in the previous decision.
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