The Board denied the claims for compensation under 38 U.S.C. § 1151 and service connection for bilateral hearing loss, as there was no evidence to support that the Veteran's blindness or hearing loss were caused by VA treatment or incurred in service.
The deciding factor: The February 2018 VA examiner opined that the Veteran's current conditions are unrelated to his April 2001 cataract surgery and not due to negligence or substandard care, and there is no evidence of a compensable level of hearing loss within one year of service separation.
- Claimed conditions
- bilateral eye blindness, cracked rib, left knee strain, right knee strain, bilateral hearing loss
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 6, 2022
- Citation
- 22000744
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 service connection for left knee strain, right knee strain, right wrist strain, and TBI. The Veteran's PTSD rating was remanded for further development.
- 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).
- Remanded (sent back)
The appeal is remanded to correct pre-decisional duty to assist errors, including the failure to obtain relevant treatment records and provide adequate VA examinations.
- 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).
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