The Board granted service connection for a back disability, bilateral hearing loss, and tinnitus. The claim for compensation under 38 U.S.C. § 1151 for residuals of esophageal surgery was remanded.
The deciding factor: Service connection was granted based on the evidence showing onset during service and continuity of symptoms since discharge, with a negative nexus opinion from the VA examiner being given no probative weight due to its failure to address the Veteran's statements of continuous back pain since his in-service injury. The presumption of soundness upon entry into service applied for hearing loss as there was no pre-existing disability noted at entrance.
- Claimed conditions
- Degenerative disc disease of the thoracolumbar spine, with right and left lower extremity radiculopathy, Bilateral hearing loss, Tinnitus
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 10, 2022
- Citation
- 22001257
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.
- Denied
The Board denied the veteran's claim for service connection for bilateral hearing loss, as there was no evidence of a current disability in the right ear and insufficient evidence to establish a nexus between the left ear hearing loss and service.
- Granted
The Board granted service connection for bilateral hearing loss and tinnitus, finding that the Veteran's conditions are related to in-service noise exposure.
- Remanded (sent back)
The Board remands the matter for a medical clarification regarding whether the Veteran's service-connected epilepsy has aggravated his bilateral hearing loss.
- Remanded (sent back)
The Board remands the claim for service connection for bilateral hearing loss to obtain an addendum opinion addressing the Veteran's lay statements regarding in-service acoustic trauma and a rocket blast injury.
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