The Veteran's claim for right ear hearing loss is denied as there is no current disability.,Service connection for fibromyalgia is granted, with a current diagnosis and evidence of in-service exposure to Southwest Asia.,Service connection for a chronic respiratory disability other than chronic sinusitis and/or allergic rhinitis is denied due to lack of current disability.,The appeal seeking service connection for allergies is dismissed.
The deciding factor: There is no current right ear hearing loss disability during the pendency of the claim period, as evidenced by a VA examination finding that the Veteran does not have right ear hearing loss for VA purposes. The speech recognition score and puretone threshold scores do not meet the criteria for a right ear hearing loss disability.,The April 2021 VA examiner diagnosed the Veteran with fibromyalgia, which is controlled by continuous medication warranting a 10 percent disability rating under 38 C.F.R. § 3.317(a)(1)(i). The Veteran's service in Southwest Asia qualifies as a presumptive disability for fibromyalgia.,The Veteran's VA treatment records do not reflect a diagnosis of a chronic respiratory disability (to include shortness of breath, coughing, and asthma), and he denies having such symptoms. Therefore, there is no current disability to support the claim.,The appeal seeking service connection for allergies was dismissed due to lack of specificity in the Veteran's claims.
- Claimed conditions
- right ear hearing loss, fibromyalgia, chronic respiratory disability (shortness of breath and coughing), allergies
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 6, 2023
- Citation
- 23021169
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 23021169.
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Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Veteran's claim for service connection for migraines was reopened due to new evidence. Service connection is granted for painful scars, but the rating assigned remains at 10 percent. The claims for fibromyalgia and bilateral shoulder disability are denied.
- Partly granted
The Board has not made a final determination on the claims of service connection for inguinal hernia, PTSD, joint pain, fibromyalgia, left knee disability, right knee disability, tinnitus, chronic fatigue syndrome, respiratory disability, sleep disorder, IBS, and headaches. The claims are remanded to obtain additional evidence and determine if these conditions are related to service.
- Denied
The Veteran's claim for an initial compensable disability rating for onychomycosis was denied as the condition did not require treatment and covered less than 5% of his body. The Board also remanded issues regarding service connection for left ear hearing loss and entitlement to a compensable disability rating for right ear hearing loss.
- Denied
The Board has denied the Veteran's claims of service connection for hypertension, fibromyalgia, and vertigo. The decision found that there was no evidence linking these conditions to his military service or a service-connected disability.
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