The Veteran's tinnitus is found to have started during service and has continued since then. Service connection for this condition is granted.,VA examination did not find hearing loss in either ear at the time of the January 2017 VA examination, but the Veteran reported worsening symptoms since that time. The claim for bilateral hearing loss is remanded for a new VA examination to determine if current hearing loss disability exists and its etiology.,The Veteran's lumbar spine condition, bilateral knee conditions (left and right), left hand condition, and left shoulder condition are all remanded as the January 2017 VA examiner did not provide opinions regarding their direct relationship to service. A new VA examination is required for these claims.,The Veteran's left ankle condition and right ankle condition are both remanded as a new VA examination is needed to determine if current bilateral ankle conditions exist and their etiology.,The Veteran's balance impairment is also remanded as no opinion has been provided regarding its relationship to service. A new VA examination is required for this claim.

The deciding factor: Service connection can be granted for disability resulting from disease or injury incurred or aggravated during active military service, with the exception of tinnitus which may be presumed based on in-service noise exposure.,The Veteran's award of SSA disability benefits and VA treatment records are potentially relevant to his claims. Therefore, these records should be obtained as they could provide additional evidence regarding the nature and etiology of his claimed conditions.,VA examination did not find hearing loss in either ear at the time of the January 2017 VA examination, but the Veteran reported worsening symptoms since that time. The claim for bilateral hearing loss is remanded for a new VA examination to determine if current hearing loss disability exists and its etiology.,The January 2017 VA examiner did not provide opinions regarding whether the Veteran's diagnosed conditions are directly related to his service, irrespective of evidence showing no problems within one year after separation from service. Therefore, a remand is required to obtain additional opinions as to the etiology of the Veteran's lumbar spine, left knee, right knee, and left hand conditions.,The Veteran contends that his right knee condition is due to overcompensating for his left knee condition. As this could significantly impact the decision on the issue of service connection for a left knee condition, both claims are remanded.,VA examination did not provide an opinion regarding whether the Veteran's diagnosed left shoulder condition is directly related to his service. Therefore, a remand is required to obtain a VA opinion as to the etiology of the Veteran's left shoulder condition.,The January 2017 VA examiner did not provide opinions regarding whether the Veteran's bilateral lower extremity peripheral nerve conditions are directly related to his service. Therefore, a remand is required to obtain a VA opinion as to the etiology of the Veteran's bilateral lower extremity peripheral nerve conditions.,VA examination did not provide an opinion regarding whether the Veteran's diagnosed respiratory condition (sinusitis and allergic rhinitis) is directly related to his service. Therefore, a remand is required to obtain a VA opinion as to the etiology of the Veteran's respiratory condition.,The Veteran's spouse testified that she observed the Veteran stop breathing and snore during his sleep while in the service. The Veteran's spouse is competent to report observable symptomatology of the Veteran's obstructive sleep apnea, but not competent to associate any symptoms to it. Therefore, a remand is required to obtain a VA opinion as to the etiology of the Veteran's obstructive sleep apnea.

Claimed conditions

tinnitus, bilateral hearing loss, lumbar spine condition, left knee condition, right knee condition, left hand condition, left shoulder condition, left lower extremity peripheral nerve condition, right lower extremity peripheral nerve condition, left ankle condition, right ankle condition, balance impairment

How they argued it

Not specified

Exposure basis

None

Rating assigned

None in this decision

Decision date

August 4, 2023

Citation

23043106

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 23043106.