The application to reopen the previously denied claim of entitlement to service connection for frostbite of the bilateral hands was granted, while other claims were remanded.
The deciding factor: The evidence submitted since October 2005 is relevant and probative of the issue of service connection for frostbite of the fingers and it cures a prior evidentiary defect; namely, the lack of potential evidence that the Veteran may have a current disability.
- Claimed conditions
- frostbite of the bilateral hands, left ear hearing loss, dislocated fingers, scoliosis, lumbar strain with right lower extremity radiculopathy
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 7, 2022
- Citation
- 22000997
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.
- 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.
- Partly granted
The Board granted a 20 percent disability rating for left and right lower extremity radiculopathy from April 3, 2023 onward, but denied higher ratings prior to that date. Service connection was also granted for alcohol use disorder as secondary to PTSD with traumatic brain injury.
- Remanded (sent back)
The Board remands the claim for service connection of left ear hearing loss due to a pre-decisional duty to assist error, as an addendum opinion is necessary to address evidence of in-service hearing loss and convert audiometric testing results from ASA to ISO-ANSI standards.
- Remanded (sent back)
The Board remands the claim for service connection for left ear hearing loss to obtain an adequate VA opinion addressing the hearing loss demonstrated on the September 1968 and July 1974 examination, under both ASA and ISO-ANSI standards.
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