The Board granted service connection for right ear hearing loss and tinnitus, denied the claim to reopen left ear hearing loss service connection, and denied entitlement to TDIU. The Veteran, a helicopter crew chief and mechanic exposed to noise during service from 1979-1983, met the threshold for reopening right ear hearing loss and tinnitus claims through new and material evidence, and service connection was established by resolving doubt in the Veteran's favor.
The deciding factor: The Board found that new and material evidence (May 2018 VA examination showing right ear hearing loss and November 2019 testimony regarding tinnitus) met the reopening standard under 38 U.S.C. § 5108, and service connection was warranted by resolving all reasonable doubt in favor of the Veteran given his documented in-service noise exposure as a helicopter crew chief, current disabilities, and testimony of symptom onset during service, despite the May 2018 examiner's negative nexus opinion and absence of documented hearing loss in service treatment records.
- Claimed conditions
- right ear hearing loss, tinnitus, left ear hearing loss
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 16, 2020
- Citation
- 20004119
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.
- 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.
- 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.
- Dismissed
The Veteran withdrew the appeals for service connection for bilateral pes planus, obstructive sleep apnea, bilateral hearing loss, tinnitus, and chronic obstructive pulmonary disease (COPD).
- 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.
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