The Board granted restoration of service connection for bilateral dry eye syndrome, denied service connection for hearing loss, and granted a disability rating of 20 percent for degenerative arthritis, right knee based on limitation of extension from April through July 2013.
The deciding factor: The decision was based on the lack of clear and unmistakable evidence that the Veteran's dry eye syndrome is not due to service-connected diabetes, and the preponderance of the evidence against finding a hearing loss disability in the right ear for VA purposes at any time during or approximate to the pendency of the claim.
- Claimed conditions
- bilateral dry eye syndrome, hearing loss (left ear only), degenerative arthritis, right knee, posttraumatic stress disorder (PTSD), bilateral proliferative diabetic retinopathy bilateral cortical cataracts, neuropathy in the right lower extremity, neuropathy in the left lower extremity, degenerative arthritis of the lumbar spine status post lumbar surgery for L4/L5 fusion (claimed as back condition), lumbar radiculopathy, right lower extremity, lumbar radiculopathy, left lower extremity, residual scar, status post lumbar surgery for L4/L5 fusion
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 20%
- Decision date
- October 1, 2020
- Citation
- 20063918
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.
- Partly granted
The Veteran was granted a 70 percent initial disability rating for PTSD effective December 2, 2021, but the claim for an increased rating in excess of 70 percent was denied. The appeal also included claims for service connection and ratings for various conditions, some of which were granted while others were remanded.
- Granted
The Board granted an effective date of October 17, 2022, for the grant of service connection for PTSD.
- Partly granted
The Board granted service connection for headaches and increased ratings for left shoulder rotator cuff tear, right shoulder rotator cuff tear, hypertension, and left and right leg restless leg syndrome. The Board denied a compensable rating for bilateral hearing loss and an initial rating in excess of 70 percent for posttraumatic stress disorder.
- Dismissed
The Veteran withdrew the appeal for an increased rating of his service-connected PTSD during a Board hearing, and the appeal is therefore dismissed.
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.