The Board denied the Veteran's claims for service connection due to a final rating decision in August 2013, finding that he did not serve in Vietnam and thus could not establish exposure to herbicides. The Veteran argued CUE based on his receipt of the Vietnam Service Medal (VSM), but the Board found no evidence supporting his claim as it was known at the time of the decision.
The deciding factor: The RO's decision was final because the correct facts were before them and they applied the then-existing regulations correctly, including the Federal Circuit ruling that a VSM does not definitively establish service in Vietnam.
- Claimed conditions
- plantar fasciitis of the left foot, plantar fasciitis of the right foot, bilateral hearing loss, tinnitus, right eye injury
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 6, 2023
- Citation
- A23034885
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 A23034885.
What this means for you
A denial is a starting point, not the end of the road. You can see why this claim fell short — and, if you are still inside the one-year window, the appeal lanes that may remain open to you.
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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