Service connection is granted for bilateral hearing loss and tinnitus as these conditions are presumed to have been incurred in service.,Service connection is also granted for tinnitus as it is proximately due to a service-connected disability (bilateral hearing loss).,Service connection is denied for COPD, as there is no evidence of its onset within one year after the last date of herbicide exposure and no other basis for presumptive service connection.,Service connection is denied for bilateral lower extremity peripheral neuropathy due to lack of evidence showing it became manifest to a degree of 10 percent or more within a year after the last date of herbicide exposure.
The deciding factor: The Veteran's hearing loss and tinnitus are presumed to have been incurred in service based on continuous symptoms since separation from service.,Tinnitus is considered a symptom associated with bilateral hearing loss, which was found to be incurred in service due to noise exposure during active duty.,COPD is not considered a presumptively service-connected condition for herbicide exposure and no evidence supports its onset within one year of the last date of exposure. The Veteran's smoking history is also noted as a contributing factor.,Bilateral lower extremity peripheral neuropathy does not meet the criteria for presumptive service connection based on herbicide exposure, as it did not manifest to a degree of 10 percent or more within a year after the last date of exposure.
- Claimed conditions
- bilateral hearing loss, tinnitus, chronic obstructive pulmonary disease (COPD), bilateral lower extremity peripheral neuropathy
- How they argued it
- Presumptive (no nexus needed)
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 6, 2022
- Citation
- 22067243
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 22067243.
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.
- Dismissed
The Veteran's appeal for service connection of bilateral hearing loss and a ruptured right ear drum was dismissed due to the death of the Veteran.
- Denied
The Board found that the Veteran's bilateral hearing loss was noted upon entry into active duty service and did not increase in severity during service. Therefore, it denied his claim for service connection.
- Remanded (sent back)
The Board has remanded the claims for service connection for hearing loss, tinnitus, and an acquired psychiatric disorder due to incomplete medical records and need for further examination.
- Denied
The Board denied the Veteran's claims for service connection for tinnitus, arthritis, and memory loss. The decision found no evidence linking these conditions to his military service.
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