The Board has granted service connection for lumbar spine arthritis, but denied service connection for bilateral hearing loss and COPD.,Service connection was granted for the Veteran's low back disability due to credible statements of continuous back symptoms in the years since service. The VA examiner found no evidence linking the current condition to an in-service injury or disease.,The Board determined that there is not enough evidence to establish a current hearing loss disability as defined by VA regulations, and thus denied service connection for bilateral hearing loss.
The deciding factor: The Board found credible the Veteran's reports of continuous back symptoms since service and considered them in conjunction with his in-service lifting incident. The VA examiner concluded that there was insufficient evidence to link the current condition to an in-service injury or disease.,For bilateral hearing loss, the Board noted that the Veteran did not meet the regulatory threshold for a disability as defined by 38 C.F.R. § 3.385 and therefore denied service connection.,The VA examiner's opinion regarding COPD was ambiguous but resolved in favor of the Veteran due to his long history of smoking, which is a common cause of COPD.
- Claimed conditions
- lumbar spine arthritis, bilateral hearing loss, chronic obstructive pulmonary disease (COPD)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 13, 2020
- Citation
- 20066106
What this means for you
A grant means the Board agreed the veteran was entitled to the benefit. Decisions like this show the kind of evidence and arguments that tend to succeed for claims like it.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- 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 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 conditions, including GERD, chronic kidney disease, COPD, a heart condition, diabetes mellitus, hypertension, insomnia, and obstructive sleep apnea, as additional development is necessary to address the Veteran's exposure to toxic chemical agents during his service.
- Partly granted
The Veteran's tinnitus is granted, while fibromyalgia, internal or external hemorrhoids, bilateral hearing loss, and neuropathy are denied.
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