The Veteran's tinnitus claim is granted as it is at least as likely as not that the condition began in service and has persisted since.,The Veteran's kidney cancer claim is denied because there is no evidence of a disease or injury in service, nor any indication that the condition manifested within one year of separation from service.,The Veteran's bilateral hearing loss claim is remanded due to the possibility of delayed onset tinnitus and insufficient rationale for the November 2016 VA examiner’s opinion.,The Veteran's left knee disability claim is remanded as there are no medical opinions regarding a nexus between in-service complaints and current disabilities.,The Veteran's right knee disability claim is remanded due to lack of medical evidence addressing the relationship between service and current knee conditions.,The Veteran's fibromyalgia claim is remanded because there is insufficient evidence linking current symptoms to service.,The Veteran's diabetes mellitus, type II, and ischemic heart disease claims are both remanded as exposure to herbicide agents in service must be verified before a determination can be made on these claims.,The Veteran's respiratory disability claim is remanded due to the possibility of secondary service connection for coronary artery disease.
The deciding factor: Service connection for tinnitus is granted based on credible lay reports and the chronic disease presumption under 38 C.F.R. § 3.309(a).,Service connection for kidney cancer is denied because there is no evidence of a disease or injury in service, nor any indication that the condition manifested within one year of separation from service.,Bilateral hearing loss claim is remanded due to insufficient rationale and possibility of delayed onset tinnitus.,Left knee disability claim is remanded as there are no medical opinions addressing the relationship between service and current disabilities.,Right knee disability claim is remanded due to lack of medical evidence linking in-service complaints to current conditions.,Fibromyalgia claim is remanded because there is insufficient evidence linking current symptoms to service.,Diabetes mellitus, type II, and ischemic heart disease claims are both remanded as exposure to herbicide agents must be verified before a determination can be made on these claims.,Respiratory disability claim is remanded due to the possibility of secondary service connection for coronary artery disease.
- Claimed conditions
- tinnitus, kidney cancer, bilateral hearing loss, left knee disability, right knee disability, fibromyalgia, diabetes mellitus, type II, ischemic heart disease
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 14, 2020
- Citation
- 20066585
Veterans Law Judge
Decisions by this judge: 1,863 · Granted: 26% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
This is a plain-language summary generated by AI from a public Board of Veterans’ Appeals decision. It can contain errors — always verify against the original. Look up the original decision on VA.gov (opens in a new tab) using citation 20066585.
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 Veteran's appeal for service connection of bilateral hearing loss and a ruptured right ear drum was dismissed due to the death of the Veteran.
- Remanded (sent back)
The Veteran's appeal is remanded for additional development, including a new VA examination to assess his bilateral knee and hip disabilities.
- Granted
The Veteran's claim for service connection for migraines was reopened due to new evidence. Service connection is granted for painful scars, but the rating assigned remains at 10 percent. The claims for fibromyalgia and bilateral shoulder disability are denied.
- Denied
The Board found that the Veteran's bilateral hearing loss was noted upon entry into active duty service and did not increase in severity during service. Therefore, it denied his claim for service connection.
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