The Board granted an earlier effective date of May 19, 2014 for the award of service connection for degenerative arthritis of the lumbar spine and reopened the claim for left ear hearing loss.
The deciding factor: The evidence rebutted the presumption of regularity in mailing the SOC, making the VA Form 9 timely. New evidence regarding worsening hearing was considered material to reopen the claim for left ear hearing loss.
- Claimed conditions
- Degenerative arthritis of the lumbar spine, Left ear hearing loss, Left foot disability
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 3, 2022
- Citation
- 22000104
What this means for you
A partial grant means some issues were granted while others were denied or remanded — common in multi-issue claims. Look at which issues went which way, and how each was argued.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Partly granted
The Board granted a 20 percent rating for the Veteran's left knee strain, service connection for right ear hearing loss, and service connection for a right ankle disorder. Other claims were denied or remanded.
- Partly granted
The Board granted an effective date of April 5, 2018, for the award of service connection for PTSD and denied earlier effective dates for erectile dysfunction, left ear hearing loss, migraines, and other conditions.
- Granted
The Board granted service connection for a lumbar spine disability, finding that the Veteran's current degenerative arthritis of the lumbar spine is related to an in-service bicycle accident.
- Dismissed
The appeals for service connection for right ear hearing loss and a compensable evaluation for left ear hearing loss were dismissed as the Veteran withdrew his appeals at a December 2024 Board hearing. The remaining claims are being remanded for further development.
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