The Veteran's diabetes mellitus type II is rated at 20 percent, but the Board finds that a higher rating is not warranted due to lack of use of insulin or hospitalizations.,The Veteran's bilateral hearing loss does not meet the criteria for a compensable disability rating under VA regulations.,The Veteran has been granted service connection for tinnitus and obstructive sleep apnea. The Board remanded these issues as there are questions about their onset in service.,Service connection was established for hypertension, left knee disability, right knee disability, skin fungus (tinea pedis), and skin cancer (basal cell carcinoma).,The Veteran's gastroesophageal reflux disorder (GERD) is not yet service connected.
The deciding factor: There is no evidence indicating the use of insulin or hospitalizations for ketoacidosis or hypoglycemic reactions, which are required for a higher rating under Diagnostic Code 7913.,The Veteran's hearing loss does not meet the criteria for a compensable disability rating as his average pure tone threshold in both ears is below 26 decibels and he has normal speech recognition ability.,Service connection was granted based on continuity of symptomatology since service, with reasonable doubt resolved in favor of the Veteran. The Board remanded these issues due to questions about their onset during service.,The Veteran's hypertension, left knee disability, right knee disability, skin fungus (tinea pedis), and skin cancer (basal cell carcinoma) were all established based on continuity of symptomatology since service, with reasonable doubt resolved in favor of the Veteran. Service connection for GERD is not yet established.,Service connection was not granted as there is no evidence indicating that GERD began during or was aggravated by service.
- Claimed conditions
- diabetes mellitus type II, bilateral hearing loss, tinnitus, obstructive sleep apnea, hypertension, left knee disability, right knee disability, skin fungus (tinea pedis), skin cancer (basal cell carcinoma), gastroesophageal reflux disorder (GERD)
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 23, 2020
- Citation
- 20080967
Veterans Law Judge
Decisions by this judge: 2,316 · Granted: 43% (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 20080967.
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.
- Remanded (sent back)
The Board has remanded the claims for service connection for hypertension and peripheral neuropathy of the bilateral upper and lower extremities due to insufficient medical opinions regarding their etiology.
- Dismissed
The Veteran's claim for an earlier effective date for diabetes mellitus type II with erectile dysfunction was denied as the evidence did not show that he had been diagnosed and manifested to at least a 10 percent disability rating on or prior to May 8, 2001.
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