The Veteran's claim for an earlier effective date for the grant of service connection for ischemic heart disease due to Agent Orange exposure is dismissed.,The Veteran's claims for bilateral hearing loss, right knee arthritis, degenerative arthritis of the left knee, lumbar strain, and tinnitus are all dismissed as they were granted with a final effective date of December 1, 2015.,The claim for service connection for peripheral neuropathy due to Agent Orange exposure is denied because new and material evidence has not been received.
The deciding factor: The February 1987 rating decision granting bilateral hearing loss was final. The Veteran did not appeal the effective date of August 20, 1986.,The January 2014 rating decision granting ischemic heart disease due to Agent Orange exposure with an effective date of February 13, 1998 is final. The Veteran did not file a timely NOD or submit new and material evidence within one year of the decision.,The December 1, 2015 grant of service connection for bilateral knee disabilities (right knee arthritis and left knee degenerative arthritis), lumbar strain, and tinnitus was granted with an effective date based on receipt of claim. The Veteran did not file a prior claim or express intent to do so.,The February 2000 rating decision denying peripheral neuropathy as a result of Agent Orange exposure is final. New and material evidence has not been received since the denial in 2000.
- Claimed conditions
- Ischemic heart disease (IHD), Bilateral hearing loss, Right knee arthritis, Degenerative arthritis of the left knee, Lumbar strain, Tinnitus, Peripheral neuropathy as a result of Agent Orange exposure
- How they argued it
- Presumptive (no nexus needed)
- Exposure basis
- Agent Orange / herbicides
- Rating assigned
- None in this decision
- Decision date
- October 16, 2020
- Citation
- 20067163
What this means for you
A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot. It says more about procedure than about whether a claim like this can win.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Board denied the veteran's claim for service connection for bilateral hearing loss, as there was no evidence of a current disability in the right ear and insufficient evidence to establish a nexus between the left ear hearing loss and service.
- Granted
The Board granted service connection for bilateral hearing loss and tinnitus, finding that the Veteran's conditions are related to in-service noise exposure.
- Remanded (sent back)
The Board remands the matter for a medical clarification regarding whether the Veteran's service-connected epilepsy has aggravated his bilateral hearing loss.
- Remanded (sent back)
The Board remands the claim for service connection for bilateral hearing loss to obtain an addendum opinion addressing the Veteran's lay statements regarding in-service acoustic trauma and a rocket blast injury.
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