The Veteran's bilateral hearing loss and bilateral knee disability are granted, with a 10% rating for the hearing loss. The service connection for both conditions is determined to be direct, without any presumption or secondary linkage.
The deciding factor: The VA examinations and private audiograms supported the Veteran's claim of fluctuating hearing acuity warranting a noncompensable rating, but also showing at times exceptional patterns of hearing loss that warranted a 20% rating. The service connection for bilateral knee disability was granted based on competent and credible lay testimony regarding in-service duties and continuity of symptoms.
- Claimed conditions
- bilateral hearing loss, bilateral knee disability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 10%
- Decision date
- October 23, 2020
- Citation
- 20068869
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.
- Remanded (sent back)
The Board remands the service connection claim for a bilateral knee disability to correct a pre-decisional duty to assist error, including scheduling an additional VA examination.
- 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).
- Dismissed
The Board dismissed the appeals for service connection for a bilateral knee disability, bilateral upper and lower extremity peripheral neuropathy, lumbar spine disability, cervical spine disability, and chronic pain syndrome due to untimely notices of disagreement.
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