Service connection is granted for right ear hearing loss and tinnitus, both of which are service-connected under direct criteria.,The Veteran's cervical spine/neck disability, residuals of head injury, migraines, seizure disorder, lumbar spine disability, disabilities of the bilateral upper extremities, to include shoulder, arm, and radiculopathy, as well as left ear hearing loss, remain in appellate status.
The deciding factor: The Veteran's right ear hearing loss and tinnitus are service-connected under direct criteria due to credible evidence of noise exposure during active duty and ARNG service. The VA examiner provided a negative opinion regarding the onset of these conditions, but the Board finds that this opinion is not probative as it was based on inaccurate facts.,The Veteran's cervical spine/neck disability, residuals of head injury, migraines, seizure disorder, lumbar spine disability, disabilities of the bilateral upper extremities, to include shoulder, arm, and radiculopathy, as well as left ear hearing loss remain in appellate status. The Board cannot make a fully-informed decision on these claims without additional evidence.
- Claimed conditions
- Right ear hearing loss, Tinnitus, Cervical spine/neck disability, Residuals of head injury, Migraines, Seizure disorder, Lumbar spine disability, Disability of the right upper extremity, to include shoulder, arm, and radiculopathy, Disability of the left upper extremity, to include shoulder, arm, and radiculopathy, Left ear hearing loss
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 28, 2022
- Citation
- 22018267
This is a plain-language summary generated by AI from a public Board of Veterans’ Appeals decision. It can contain errors — always verify against the original. Look up the original decision on VA.gov (opens in a new tab) using citation 22018267.
What this means for you
A grant means the Board agreed the veteran was entitled to the benefit. Decisions like this show the kind of evidence and arguments that tend to succeed for claims like it.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Board denied service connection for bilateral hearing loss and tinnitus, finding that the Veteran's current conditions are not related to his military service.
- Denied
The Board denied the veteran's claims for a higher rating for PTSD and dismissed his appeals regarding increased ratings for tinnitus and a right hand disability due to lack of timely filing of Notice of Disagreement.
- Denied
The Board has denied the Veteran's claims for service connection for various conditions, including GAD, MDD, bruxism, migraines/headaches, tinnitus, hip pain, iliotibial band syndrome, and leg stress fractures. The evidence does not support current diagnoses of these conditions during the appeal period.
- Granted
The Veteran's initial evaluation for tension headaches to include migraines is granted, with a rating of 50 percent effective from May 23, 2023.
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