The Board denied service connection for right ear hearing loss and denied initial ratings in excess of 10 percent or 20 percent for various conditions, including left ear hearing loss, hypertension, GERD, cervical spine degenerative joints with herniated nucleus pulposus, lumbar spine herniated nucleus pulpous with radiculitis down posterior leg, right knee effusion/degenerative changes, left knee degenerative changes, and obstructive sleep apnea (OSA).
The deciding factor: The evidence did not show a current disability in the right ear or that the Veteran's hearing loss met the criteria for a compensable rating. The Board also found no basis to grant increased ratings for other conditions as the evidence showed stable conditions without significant impairment.
- Claimed conditions
- right ear hearing loss, left ear hearing loss, hypertension, gastroesophageal reflux disease (GERD), cervical spine degenerative joints with herniated nucleus pulposus, lumbar spine herniated nucleus pulpous with radiculitis down posterior leg, right knee effusion/degenerative changes, left knee degenerative changes, obstructive sleep apnea (OSA), posttraumatic stress disorder (PTSD) with depressive disorder not otherwise specified (NOS)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 1, 2021
- Citation
- 21061264
What this means for you
A denial is a starting point, not the end of the road. You can see why this claim fell short — and, if you are still inside the one-year window, the appeal lanes that may remain open to you.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Board granted an effective date of October 21, 2021, for the grant of service connection for hypertension.
- Dismissed
The appeal for a compensable rating for left ear hearing loss, service connection for right ear hearing loss, and bilateral vision condition was dismissed. Service connection for hypertension, congestive heart failure, and coronary artery disease was denied.
- Dismissed
The Veteran withdrew his appeals for service connection for gastroesophageal reflux disease (GERD) and pernicious anemia, and the Board dismissed both appeals.
- Denied
The Board denied service connection for various conditions, including prostate cancer and related disabilities, urinary incontinence, sleep apnea, hypertension, varicose veins, lumbar spine disability, hip arthritis, shoulder arthritis, ankle arthritis, knee strain, knee replacement, and hand arthritis. The only condition granted was a 10 percent rating for a fracture of the right proximal first metacarpal.
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